Safe Workplace and Safety News
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Thursday, April 08, 2010
OSHA Chief David Michaels Calls For Increased Fines
Employers who ignore OSHA's rules and risk workers' lives should pay higher penalties, Assistant Secretary Michaels told Congress.
In testimony given by Dr. David Michaels to the House Subcommittee on Workforce Protections, he stated, "Safe jobs exist only when employers have adequate incentives to comply with OSHA's requirements. Meaningful penalties provide an important incentive to do the right thing."
Monetary penalties for violations of the OSH Act have been increased only once in 40 years. Michaels offered a revealing disparity between OSHA penalties and those of other agencies: In 2001, a tank full of sulphuric acid exploded at a refinery killing a worker and literally dissolving his body. OSHA's penalty was only $175,000. Yet, in the same incident, thousands of dead fish and crabs were discovered, allowing an EPA Clean Water Act violation amounting to $10 million -- 50 times higher. "Unscrupulous employers who refuse to comply with safety and health standards as an economic calculus will think again if there is a chance that they will go to jail for ignoring their responsibilities to their workers." Read Michaels' testimony for more information.
Related Past Posts
Federal Government Sues Firm For $1,000,000 In OSHA Penalties
OSHA Issues $1,000,000 In Penalties To RPI Coatings & Xcel Energy
Contractor To Pay $750,000 Fine
In testimony given by Dr. David Michaels to the House Subcommittee on Workforce Protections, he stated, "Safe jobs exist only when employers have adequate incentives to comply with OSHA's requirements. Meaningful penalties provide an important incentive to do the right thing."
Monetary penalties for violations of the OSH Act have been increased only once in 40 years. Michaels offered a revealing disparity between OSHA penalties and those of other agencies: In 2001, a tank full of sulphuric acid exploded at a refinery killing a worker and literally dissolving his body. OSHA's penalty was only $175,000. Yet, in the same incident, thousands of dead fish and crabs were discovered, allowing an EPA Clean Water Act violation amounting to $10 million -- 50 times higher. "Unscrupulous employers who refuse to comply with safety and health standards as an economic calculus will think again if there is a chance that they will go to jail for ignoring their responsibilities to their workers." Read Michaels' testimony for more information.
Related Past Posts
Federal Government Sues Firm For $1,000,000 In OSHA Penalties
OSHA Issues $1,000,000 In Penalties To RPI Coatings & Xcel Energy
Contractor To Pay $750,000 Fine
Labels: OSHA Fines, osha information
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Worker Awarded More Than $500,000 For N.J. Transit's Violation Of Railroad Whistleblower Law
A whistleblower investigation by the U.S. Department of Labor's Occupational Safety and Health Administration found that New Jersey Transit violated the Federal Railroad Safety Act when it retaliated against an employee for reporting a work-related illness.
According to OSHA's findings, in February 2008, the railroad brought an employee up on charges for missing work after suffering a work-related illness from witnessing a fatal accident involving another worker. The railroad also retaliated against the worker by cutting his pay and then suspending him. These retaliatory acts caused the employee significant financial and personal losses. The employee filed a whistleblower complaint with OSHA, alleging that the railroad had retaliated against him for reporting his work-related illness. OSHA's Whistleblower Protection Program conducted an investigation under the whistleblower provisions of the FRSA, found merit to the complaint and ordered relief.
"Railroad employees have the legal right to report work-related injuries and illnesses without fear of retaliation," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "This case sends a clear message: Railroads that retaliate against employees for exercising their rights will be held accountable."
As a result of its findings, OSHA has ordered New Jersey Transit to take corrective actions, including expunging disciplinary actions taken against the employee and references to them from various records as well as compensating the worker for back pay, lost benefit payments, interest, compensatory damages and attorneys' fees totaling almost $500,000. In addition, OSHA has ordered the railroad to pay the complainant $75,000 in punitive damages. The railroad must also post and provide its employees with information on their FRSA whistleblower rights.
New Jersey Transit and the complainant have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges. Under the FRSA, employees of a railroad carrier and its contractors and subcontractors are protected against retaliation for reporting on-the-job injuries and illnesses, as well as reporting certain safety and security violations and cooperating with investigations by OSHA and other regulatory agencies.
OSHA enforces the whistleblower protection provisions of the FRSA and 16 other whistleblower statutes protecting employees who report violations of various workplace safety, securities, trucking, airline, nuclear power, pipeline, environmental, public transportation and consumer product safety laws. Detailed information is available online at http://www.osha.gov/dep/oia/whistleblower/index.html.
Related Posts
UPS Worker Awarded $245,000 In Whistleblower Case
OSHA Files Whistleblower Lawsuit Against N.J. Construction Company
OSHA Orders Southern Air To Pay $400,000 In Whistleblower Case
According to OSHA's findings, in February 2008, the railroad brought an employee up on charges for missing work after suffering a work-related illness from witnessing a fatal accident involving another worker. The railroad also retaliated against the worker by cutting his pay and then suspending him. These retaliatory acts caused the employee significant financial and personal losses. The employee filed a whistleblower complaint with OSHA, alleging that the railroad had retaliated against him for reporting his work-related illness. OSHA's Whistleblower Protection Program conducted an investigation under the whistleblower provisions of the FRSA, found merit to the complaint and ordered relief.
"Railroad employees have the legal right to report work-related injuries and illnesses without fear of retaliation," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "This case sends a clear message: Railroads that retaliate against employees for exercising their rights will be held accountable."
As a result of its findings, OSHA has ordered New Jersey Transit to take corrective actions, including expunging disciplinary actions taken against the employee and references to them from various records as well as compensating the worker for back pay, lost benefit payments, interest, compensatory damages and attorneys' fees totaling almost $500,000. In addition, OSHA has ordered the railroad to pay the complainant $75,000 in punitive damages. The railroad must also post and provide its employees with information on their FRSA whistleblower rights.
New Jersey Transit and the complainant have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges. Under the FRSA, employees of a railroad carrier and its contractors and subcontractors are protected against retaliation for reporting on-the-job injuries and illnesses, as well as reporting certain safety and security violations and cooperating with investigations by OSHA and other regulatory agencies.
OSHA enforces the whistleblower protection provisions of the FRSA and 16 other whistleblower statutes protecting employees who report violations of various workplace safety, securities, trucking, airline, nuclear power, pipeline, environmental, public transportation and consumer product safety laws. Detailed information is available online at http://www.osha.gov/dep/oia/whistleblower/index.html.
Related Posts
UPS Worker Awarded $245,000 In Whistleblower Case
OSHA Files Whistleblower Lawsuit Against N.J. Construction Company
OSHA Orders Southern Air To Pay $400,000 In Whistleblower Case
Labels: OSHA Fines, whistleblower
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Thursday, January 14, 2010
Oregon OSHA Fines Americold Logistics $740,400
The Oregon Department of Consumer and Business Services, Occupational Safety and
Health Division (Oregon OSHA) has fined Americold Logistics a total of $740,400 for extensive safety and health violations found during a Sept. 16, 2009 inspection at the company’s Milwaukie facility. By not having proper safeguards in place to contain ammonia, the company was putting workers in serious danger of injury or death due to a major chemical release or explosion, Oregon OSHA found.
"Ammonia carries significant risks to workers, particularly in large quantities," said Michael Wood, Oregon OSHA administrator. "Due to the size of this facility, there is the potential for a large-scale release."
Oregon OSHA cited Americold Logistics, a national refrigerated warehouse operation, for 10 willful violations, four serious repeat violations, and 22 other serious violations of the Oregon Safe Employment Act. The bulk of the violations are related to the company’s system for handling the hazardous chemical anhydrous ammonia, which is common in commercial warehouses and can be explosive. Ammonia can also cause severe alkaline chemical burns to skin, eyes, and the respiratory system. If a chemical leak occurs, ammonia released from such a system will expand rapidly, making it difficult to contain.
Among other issues, the inspection identified excessive ice build up, creating the potential for system damage and in some cases encasing valves, making it difficult, if not impossible, to close them in the event of an emergency. The inspection also identified significant corrosion of pipes and missing drain valve plugs, making ammonia release more likely.
Oregon OSHA previously conducted an accident investigation at the Milwaukie location in 2007, after two employees were sent to the hospital following an ammonia compressor explosion. As a result of that inspection, which was limited in scope, 18 violations were issued.
"Protecting workers from highly hazardous chemicals should be the result of a credible program of inspections, hazard identification, and preventive maintenance to ensure the system's integrity," Wood said. "The safety of the facility’s workers must not be left to chance."
Are you reviewing the safety in your facility? Get the Graphic Products Ammonia Pipe Marking Guide to help ensure your facility is safe and fully code compliant. Need to get your labeling updated? No other label and sign printer comes close to delivering the quality results you get from a DuraLabel PRO 300. With the DuraLabel PRO 300 you get the job done, and get it done right... efficiently, with quality durable labels & signs, and economically. Call 1-888-326-9244 today.
Health Division (Oregon OSHA) has fined Americold Logistics a total of $740,400 for extensive safety and health violations found during a Sept. 16, 2009 inspection at the company’s Milwaukie facility. By not having proper safeguards in place to contain ammonia, the company was putting workers in serious danger of injury or death due to a major chemical release or explosion, Oregon OSHA found.
"Ammonia carries significant risks to workers, particularly in large quantities," said Michael Wood, Oregon OSHA administrator. "Due to the size of this facility, there is the potential for a large-scale release."
Oregon OSHA cited Americold Logistics, a national refrigerated warehouse operation, for 10 willful violations, four serious repeat violations, and 22 other serious violations of the Oregon Safe Employment Act. The bulk of the violations are related to the company’s system for handling the hazardous chemical anhydrous ammonia, which is common in commercial warehouses and can be explosive. Ammonia can also cause severe alkaline chemical burns to skin, eyes, and the respiratory system. If a chemical leak occurs, ammonia released from such a system will expand rapidly, making it difficult to contain.
Among other issues, the inspection identified excessive ice build up, creating the potential for system damage and in some cases encasing valves, making it difficult, if not impossible, to close them in the event of an emergency. The inspection also identified significant corrosion of pipes and missing drain valve plugs, making ammonia release more likely.
Oregon OSHA previously conducted an accident investigation at the Milwaukie location in 2007, after two employees were sent to the hospital following an ammonia compressor explosion. As a result of that inspection, which was limited in scope, 18 violations were issued.
"Protecting workers from highly hazardous chemicals should be the result of a credible program of inspections, hazard identification, and preventive maintenance to ensure the system's integrity," Wood said. "The safety of the facility’s workers must not be left to chance."
Are you reviewing the safety in your facility? Get the Graphic Products Ammonia Pipe Marking Guide to help ensure your facility is safe and fully code compliant. Need to get your labeling updated? No other label and sign printer comes close to delivering the quality results you get from a DuraLabel PRO 300. With the DuraLabel PRO 300 you get the job done, and get it done right... efficiently, with quality durable labels & signs, and economically. Call 1-888-326-9244 today.
Labels: OSHA Fines, safety
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OSHA Proposes $233,500 In Fines Against Long Island Store
OSHA has cited Home Goods (Commack, Long Island, NY) for 16 alleged violations of workplace safety standards. The retailer faces a total of $233,500 in proposed fines, chiefly for exit access, fire and crushing hazards.
Responding to an employee complaint, OSHA found exit routes obstructed by stock and equipment, an exit route too narrow for passage, stacked material that prevented employees from identifying the nearest exit, blocked access to fire extinguishers, workers not trained in fire extinguisher use and boxes stored in unstable 8-foot high tiers.
OSHA had cited Home Goods in 2006 and 2007 for similar conditions at the company's Mount Olive, N.J., and Somers, N.Y., locations. As a result of these recurring conditions, OSHA issued the company five repeat citations, with $200,000 in proposed fines, for the hazards at the Commack store.
"It's been 99 years since the fire at The Triangle Shirtwaist Co. in New York City took the lives of nearly 150 workers and almost 19 years since two workers were killed when they were unable to exit the McCrory's store in Huntington Station, N.Y., during a fire," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Blocked fire exits can be deadly. It is that simple."
OSHA's Commack inspection identified additional hazards, including a defective fire alarm box, a missing exit sign, electrical hazards and inadequate chemical hazard communication. These conditions resulted in nine serious citations, with $32,500 in fines. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Finally, the store was issued one other-than-serious citation, with a $1,000 fine, for not providing injury and illness logs.
"There can be no delay in exiting a workplace during a fire or other emergency when the difference between escape and injury or death can be measured in seconds," said Michaels. "Employers must ensure that exit routes are unobstructed at all locations."
"One means of preventing recurring hazards is for employers to establish an effective comprehensive workplace safety and health program through which involve their employees in proactively evaluating, identifying and eliminating hazards," said Robert Kulick, OSHA's regional administrator in New York.
A fact sheet covering emergency exit routes is available at http://www.safe-workplace.com/osha-safety/emergency-exit-routes-osha-factsheet.pdf.
Responding to an employee complaint, OSHA found exit routes obstructed by stock and equipment, an exit route too narrow for passage, stacked material that prevented employees from identifying the nearest exit, blocked access to fire extinguishers, workers not trained in fire extinguisher use and boxes stored in unstable 8-foot high tiers.
OSHA had cited Home Goods in 2006 and 2007 for similar conditions at the company's Mount Olive, N.J., and Somers, N.Y., locations. As a result of these recurring conditions, OSHA issued the company five repeat citations, with $200,000 in proposed fines, for the hazards at the Commack store.
"It's been 99 years since the fire at The Triangle Shirtwaist Co. in New York City took the lives of nearly 150 workers and almost 19 years since two workers were killed when they were unable to exit the McCrory's store in Huntington Station, N.Y., during a fire," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Blocked fire exits can be deadly. It is that simple."
OSHA's Commack inspection identified additional hazards, including a defective fire alarm box, a missing exit sign, electrical hazards and inadequate chemical hazard communication. These conditions resulted in nine serious citations, with $32,500 in fines. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Finally, the store was issued one other-than-serious citation, with a $1,000 fine, for not providing injury and illness logs.
"There can be no delay in exiting a workplace during a fire or other emergency when the difference between escape and injury or death can be measured in seconds," said Michaels. "Employers must ensure that exit routes are unobstructed at all locations."
"One means of preventing recurring hazards is for employers to establish an effective comprehensive workplace safety and health program through which involve their employees in proactively evaluating, identifying and eliminating hazards," said Robert Kulick, OSHA's regional administrator in New York.
A fact sheet covering emergency exit routes is available at http://www.safe-workplace.com/osha-safety/emergency-exit-routes-osha-factsheet.pdf.
Labels: OSHA Citations, OSHA Fines, OSHA Inspections
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Tuesday, January 05, 2010
OSHA Proposes More Than $1.4 Million In Penalties Against CES Environmental Services
OSHA yesterday today issued proposed penalties against CES Environmental Services Inc. for willful and serious violations after an investigation into a fatal explosion at the company's Griggs Road facility in Houston. The proposed penalties total $1,477,500.
In July 2009, an employee cleaning a tank was killed in an explosion when an altered piece of equipment ignited flammable vapors inside the tank. The fatality was the third death in less than a year at this employer's facilities; two hydrogen sulfide exposure-related deaths at a related facility, Port Arthur Chemical & Environmental Services LLC (PACES), occurred in December 2008 and April 2009.
"Proper precaution prevents deaths," said Secretary of Labor Hilda L. Solis. "Employers should take steps to eliminate hazards and provide a safe working environment for their workers. That is the law."
Based on the most recent investigation, OSHA has issued 15 willful citations with proposed penalties totaling $1,050,000, alleging that 15 pieces of electrical equipment were unsafe to use in the tank wash area due to the presence of flammable and combustible vapors. Two additional willful citations with proposed penalties totaling $125,000 have been issued. One alleges that CES failed to ventilate tanks in which employees were working, exposing the workers to toxic atmospheric hazards. The other alleges that CES stored flammable and reactive chemicals together, which posed fire and explosion hazards.
In addition, OSHA has issued 54 serious violations with proposed penalties totaling $302,500. These include allegations that CES failed to implement all aspects of the process safety management standard; provide proper respiratory protection, confined space rescue equipment and adequate fall protection; properly install and maintain boiler equipment; implement an emergency response plan, and adequate energy control procedures; train powered industrial truck operators; guard and to anchor machinery adequately; store compressed gas cylinders safely; and label hazardous chemicals.
A willful citation is characterized by an employer's intentional disregard of the standards or plain indifference to employee safety and health. A violation is characterized as serious when death or serious physical harm could result if an accident were to occur as the result of a hazard about which the employer knew or should have known.
OSHA previously cited PACES following the Dec.18, 2008 and the April 14, 2009, fatalities and proposed penalties of $16,600 and $207,800, respectively. Both of those fatalities occurred in Port Arthur, Texas. Those citations were contested and are being litigated before the independent Occupational Safety and Health Review Commission. CES and PACES together employ 155 workers. CES has 15 business days from receipt of the latest citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent review commission.
In July 2009, an employee cleaning a tank was killed in an explosion when an altered piece of equipment ignited flammable vapors inside the tank. The fatality was the third death in less than a year at this employer's facilities; two hydrogen sulfide exposure-related deaths at a related facility, Port Arthur Chemical & Environmental Services LLC (PACES), occurred in December 2008 and April 2009.
"Proper precaution prevents deaths," said Secretary of Labor Hilda L. Solis. "Employers should take steps to eliminate hazards and provide a safe working environment for their workers. That is the law."
Based on the most recent investigation, OSHA has issued 15 willful citations with proposed penalties totaling $1,050,000, alleging that 15 pieces of electrical equipment were unsafe to use in the tank wash area due to the presence of flammable and combustible vapors. Two additional willful citations with proposed penalties totaling $125,000 have been issued. One alleges that CES failed to ventilate tanks in which employees were working, exposing the workers to toxic atmospheric hazards. The other alleges that CES stored flammable and reactive chemicals together, which posed fire and explosion hazards.
In addition, OSHA has issued 54 serious violations with proposed penalties totaling $302,500. These include allegations that CES failed to implement all aspects of the process safety management standard; provide proper respiratory protection, confined space rescue equipment and adequate fall protection; properly install and maintain boiler equipment; implement an emergency response plan, and adequate energy control procedures; train powered industrial truck operators; guard and to anchor machinery adequately; store compressed gas cylinders safely; and label hazardous chemicals.
A willful citation is characterized by an employer's intentional disregard of the standards or plain indifference to employee safety and health. A violation is characterized as serious when death or serious physical harm could result if an accident were to occur as the result of a hazard about which the employer knew or should have known.
OSHA previously cited PACES following the Dec.18, 2008 and the April 14, 2009, fatalities and proposed penalties of $16,600 and $207,800, respectively. Both of those fatalities occurred in Port Arthur, Texas. Those citations were contested and are being litigated before the independent Occupational Safety and Health Review Commission. CES and PACES together employ 155 workers. CES has 15 business days from receipt of the latest citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent review commission.
Labels: OSHA Citations, OSHA Fines, workplace fatalities
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Monday, December 14, 2009
OSHA Proposes More Than $266,000 In Penalties Against Manufacturer
Crespac Inc. in Tucker, Ga., has been cited with 34 safety and health violations by OSHA. Proposed penalties total $266,400.
"OSHA began its comprehensive safety and health inspection after learning of two separate incidents resulting in amputations within a 30-day period," said Gei-Thae Breezley, director of OSHA's Atlanta-East Area Office. "In both instances, management knew of deficiencies but acted with plain indifference by failing to correct the problems in a timely manner that could have prevented these amputations."
The agency is citing the company with three willful, four repeat, 19 serious and one other-than-serious safety violations, as well as five serious and two other-than-serious health violations. OSHA is proposing penalties of $249,200 for the safety violations and an additional $17,200 for the health violations.
The willful citations result from the company's failure to ensure that all machines had proper safety guards, functional emergency stop cords and usable safety interlock switches installed on machinery. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.
The company is being cited for repeat violations related to having slippery and wet floors, lack of safety guards on machines, machines being operated with broken parts and employees being exposed to electrical shocks.
Serious violations include fall hazards, slipping and tripping hazards, entrapment hazards, failure to provide proper fire training and equipment, failure to properly train forklift operators, electrical hazards, noise hazards, exposure to hazardous chemicals and an insufficient respirator program for employees. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists. OSHA issues repeat violations when it finds a substantially similar violation of any standard, regulation, rule or order at any of a company's other facilities in federal enforcement states.
Other-than-serious violations relate to the company's failure to conduct timely inspections of overhead cranes and related equipment and recordkeeping deficiencies in required OSHA incident logs.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-East Area Office, 2183 Northlake Parkway, Building 7, Suite 110, Tucker, Ga.; telephone 770-493-6644.
"OSHA began its comprehensive safety and health inspection after learning of two separate incidents resulting in amputations within a 30-day period," said Gei-Thae Breezley, director of OSHA's Atlanta-East Area Office. "In both instances, management knew of deficiencies but acted with plain indifference by failing to correct the problems in a timely manner that could have prevented these amputations."
The agency is citing the company with three willful, four repeat, 19 serious and one other-than-serious safety violations, as well as five serious and two other-than-serious health violations. OSHA is proposing penalties of $249,200 for the safety violations and an additional $17,200 for the health violations.
The willful citations result from the company's failure to ensure that all machines had proper safety guards, functional emergency stop cords and usable safety interlock switches installed on machinery. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.
The company is being cited for repeat violations related to having slippery and wet floors, lack of safety guards on machines, machines being operated with broken parts and employees being exposed to electrical shocks.
Serious violations include fall hazards, slipping and tripping hazards, entrapment hazards, failure to provide proper fire training and equipment, failure to properly train forklift operators, electrical hazards, noise hazards, exposure to hazardous chemicals and an insufficient respirator program for employees. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists. OSHA issues repeat violations when it finds a substantially similar violation of any standard, regulation, rule or order at any of a company's other facilities in federal enforcement states.
Other-than-serious violations relate to the company's failure to conduct timely inspections of overhead cranes and related equipment and recordkeeping deficiencies in required OSHA incident logs.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-East Area Office, 2183 Northlake Parkway, Building 7, Suite 110, Tucker, Ga.; telephone 770-493-6644.
Labels: Industrial Safety, OSHA, OSHA Citations, OSHA Fines
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Monday, December 07, 2009
OSHA Levies $321,000 In Fines Against Bridge And Tower Painter UCL Inc.
OSHA has cited bridge and water tower painter UCL Inc. in Cincinnati with alleged willful, egregious and serious violations of federal workplace safety and health standards for exposing workers to lead. Proposed fines total $321,000.
OSHA began its inspection in May where UCL was abrasive blasting paint from two bridge overpasses on I-75 near Middletown, Ohio. The inspection revealed nine alleged willful and two serious violations.
Hazards identified as willful allege a variety of violations of the federal lead in construction standard, including a lack of appropriate respirators and protective clothing, failing to maintain eating areas free of lead contamination and failing to remove lead dust from equipment before workers entered designated eating areas. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
Four of the willful violations, relating to the employer's failure to provide clean protective clothing to workers on a daily basis, are also classified as egregious. By designating violations as egregious, OSHA can assess penalties for each time the violation occurs, rather than proposing a single penalty for all violations of a specific agency regulation.
The two serious violations address an inadequate lead compliance program and failing to provide adequate hand washing facilities for employees. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"Few Americans are aware of lead's deadly effects or the fact that lead taken home on clothing and work tools can infect an entire family," said OSHA Area Director Richard Gilgrist in Cincinnati. "The cost of employee and family health is far too great a price to pay for anyone to ignore this hazard. All of us want to see working men and women go home safe and without carrying toxic substances into their homes at the end of every work shift."
While UCL has been in business since 1999, the company owner previously owned United Painting Co., a business that was cited repeatedly by OSHA for lead standard violations. UCL also has received numerous citations, many of which were for violations of federal lead standards. An Aug. 27 fatal accident at another bridge painting worksite of UCL, along the same I-75 construction corridor, is still under investigation.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
OSHA began its inspection in May where UCL was abrasive blasting paint from two bridge overpasses on I-75 near Middletown, Ohio. The inspection revealed nine alleged willful and two serious violations.
Hazards identified as willful allege a variety of violations of the federal lead in construction standard, including a lack of appropriate respirators and protective clothing, failing to maintain eating areas free of lead contamination and failing to remove lead dust from equipment before workers entered designated eating areas. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
Four of the willful violations, relating to the employer's failure to provide clean protective clothing to workers on a daily basis, are also classified as egregious. By designating violations as egregious, OSHA can assess penalties for each time the violation occurs, rather than proposing a single penalty for all violations of a specific agency regulation.
The two serious violations address an inadequate lead compliance program and failing to provide adequate hand washing facilities for employees. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"Few Americans are aware of lead's deadly effects or the fact that lead taken home on clothing and work tools can infect an entire family," said OSHA Area Director Richard Gilgrist in Cincinnati. "The cost of employee and family health is far too great a price to pay for anyone to ignore this hazard. All of us want to see working men and women go home safe and without carrying toxic substances into their homes at the end of every work shift."
While UCL has been in business since 1999, the company owner previously owned United Painting Co., a business that was cited repeatedly by OSHA for lead standard violations. UCL also has received numerous citations, many of which were for violations of federal lead standards. An Aug. 27 fatal accident at another bridge painting worksite of UCL, along the same I-75 construction corridor, is still under investigation.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
Labels: Construction / Installation, OSHA Citations, OSHA Fines
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Wednesday, September 09, 2009
OSHA Levies $275,000 Fine On Metal Improvement Co. in Lombard, Ill.
OSHA has cited Metal Improvement Co., doing business as E/M Coating Services in Lombard, with alleged serious and repeat citations of federal workplace safety and health standards. Proposed penalties total $275,000.
Based on a referral from another public agency alleging numerous fires and other safety issues, OSHA began a safety and health inspection at the Lombard site in March.
The safety inspection revealed 10 serious and six repeat violations with proposed penalties totaling $155,000. Some of the serious safety hazards include various electrical and equipment issues, lack of a spray booth sprinkler system and fire hazards in a spray booth. Some of the repeat violations addressed fall protection deficiencies, improper oxygen cylinder storage and other specific electrical hazards. The company had been cited for these violations in previous inspections.
The OSHA health inspection found 10 serious and three repeat violations with proposed penalties totaling $120,000. Some of the serious health hazards include a lack of personal protective equipment, confined entry space violations, a lack of emergency eyewash and shower facilities where required and problems with respirator equipment fit. Repeat violations pertain to the company's failure to evaluate if areas are permit-required confined spaces, training deficiencies and failure to provide an eyewash in an area where corrosive materials are used.
"OSHA has inspected this company on five occasions going back to 1997, resulting in numerous violations, including many we found again on this most recent inspection," said OSHA Area Director Kathy Webb, North Aurora, Ill. "It's time for this indifference to employee health and safety to stop."
The company, which provides decorative metal coating and blasting metal services, has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. Nationwide, the company employs more than 500 workers with 20 in the Lombard facility.
Based on a referral from another public agency alleging numerous fires and other safety issues, OSHA began a safety and health inspection at the Lombard site in March.
The safety inspection revealed 10 serious and six repeat violations with proposed penalties totaling $155,000. Some of the serious safety hazards include various electrical and equipment issues, lack of a spray booth sprinkler system and fire hazards in a spray booth. Some of the repeat violations addressed fall protection deficiencies, improper oxygen cylinder storage and other specific electrical hazards. The company had been cited for these violations in previous inspections.
The OSHA health inspection found 10 serious and three repeat violations with proposed penalties totaling $120,000. Some of the serious health hazards include a lack of personal protective equipment, confined entry space violations, a lack of emergency eyewash and shower facilities where required and problems with respirator equipment fit. Repeat violations pertain to the company's failure to evaluate if areas are permit-required confined spaces, training deficiencies and failure to provide an eyewash in an area where corrosive materials are used.
"OSHA has inspected this company on five occasions going back to 1997, resulting in numerous violations, including many we found again on this most recent inspection," said OSHA Area Director Kathy Webb, North Aurora, Ill. "It's time for this indifference to employee health and safety to stop."
The company, which provides decorative metal coating and blasting metal services, has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. Nationwide, the company employs more than 500 workers with 20 in the Lombard facility.
Labels: OSHA, OSHA Citations, OSHA Fines
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Connecticut Manufacturer Faces $225,500 in OSHA Fines
International Bridge & Iron Co., a manufacturer of structural steel bridge parts, faces a total of $225,500 in proposed fines from OSHA for new and recurring safety hazards at its Newington, Conn., manufacturing plant.
OSHA opened an inspection in February in response to a complaint and found several hazards similar to those cited in a 2007 OSHA inspection. These included unguarded stairs; lack of eye protection; incomplete and uncertified employee training to prevent the unintended startup of machinery during maintenance; cranes lacking bridge bumpers; unguarded moving machine parts; uninspected ropes and lifting hooks; slings not marked with their lifting capacity; unguarded grinders and pulleys; and ungrounded, uninspected or damaged electrical equipment or wiring.
These conditions resulted in the issuance of 17 repeat citations, carrying $150,000 in proposed fines. OSHA issues repeat citations when an employer has previously been cited for substantially similar hazards and those citations have become final.
"The sizable fines proposed here reflect both the breadth of hazards found in this workplace and this employer's failure to prevent the recurrence of hazardous conditions that can, if left unaddressed, lead to falls, lacerations, electrocution and crushing injuries," said C. William Freeman III, OSHA's area director in Hartford.
An additional $75,500 in fines have been proposed for 16 serious citations encompassing uninspected overhead cranes; uninspected lifting hooks; defective and unmarked lifting slings; unguarded live electrical parts; damaged electrode holders and insulation; incorrectly stored compressed gas cylinders; unmarked and unchecked fire extinguishers; and slipping hazards from an oil spill in a work area. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the items before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Hartford Area Office; telephone 860-240-3152.
OSHA opened an inspection in February in response to a complaint and found several hazards similar to those cited in a 2007 OSHA inspection. These included unguarded stairs; lack of eye protection; incomplete and uncertified employee training to prevent the unintended startup of machinery during maintenance; cranes lacking bridge bumpers; unguarded moving machine parts; uninspected ropes and lifting hooks; slings not marked with their lifting capacity; unguarded grinders and pulleys; and ungrounded, uninspected or damaged electrical equipment or wiring.
These conditions resulted in the issuance of 17 repeat citations, carrying $150,000 in proposed fines. OSHA issues repeat citations when an employer has previously been cited for substantially similar hazards and those citations have become final.
"The sizable fines proposed here reflect both the breadth of hazards found in this workplace and this employer's failure to prevent the recurrence of hazardous conditions that can, if left unaddressed, lead to falls, lacerations, electrocution and crushing injuries," said C. William Freeman III, OSHA's area director in Hartford.
An additional $75,500 in fines have been proposed for 16 serious citations encompassing uninspected overhead cranes; uninspected lifting hooks; defective and unmarked lifting slings; unguarded live electrical parts; damaged electrode holders and insulation; incorrectly stored compressed gas cylinders; unmarked and unchecked fire extinguishers; and slipping hazards from an oil spill in a work area. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the items before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Hartford Area Office; telephone 860-240-3152.
Labels: OSHA, OSHA Citations, OSHA Fines
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Tuesday, July 28, 2009
OSHA Proposes $136,000 Fine For Cobb County, Ga. Contractor
OSHA has proposed seven citations with penalties totaling $136,000 against Tritt Contracting Inc. for violating federal workplace safety standards.
The penalties follow an inspection of a construction site on Cedar Drive in Powder Springs, Ga., where OSHA found company employees working in dangerous conditions inside a 23-foot-deep trench.
OSHA alleges two willful violations with penalties totaling $100,000 for allowing employees to work in a trench without a safe means of escape and without an adequate worker protective system to prevent cave-ins. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The agency also has proposed a repeat violation with a $20,000 penalty for the company's failure to adequately train employees to recognize and avoid hazardous conditions, and for inadequately training employees to direct traffic around the worksite. The company was cited for violating the same standard in 2007.
Four serious violations with penalties totaling $16,000 have been issued for the company's failure to place warning signage to oncoming motorists of work being conducted in the roadway, not providing the employee directing traffic with proper traffic control equipment, allowing equipment to be placed within two feet of the trench and using a protective system inside the trench that was not designed by a professional engineer.
"OSHA will not allow employers to endanger their workers' lies by cutting corners on safety just to speed up work and minimize any inconvenience to residents and motorists," said Andre Richards, area director of OSHA's Atlanta-West office.
The company, based in Jasper, Ga., has 15 business days from receipt of the citations to contest the violations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-West Area Office, 2400 Herodian Way, Suite 250, Smyrna, Ga.; telephone 770-984-8700.
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Contractor Faces Maximum Fine For Cave-In Hazard
Trench Collapse Prompts Lawsuit
Construction Safety Satistics
The penalties follow an inspection of a construction site on Cedar Drive in Powder Springs, Ga., where OSHA found company employees working in dangerous conditions inside a 23-foot-deep trench.
OSHA alleges two willful violations with penalties totaling $100,000 for allowing employees to work in a trench without a safe means of escape and without an adequate worker protective system to prevent cave-ins. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The agency also has proposed a repeat violation with a $20,000 penalty for the company's failure to adequately train employees to recognize and avoid hazardous conditions, and for inadequately training employees to direct traffic around the worksite. The company was cited for violating the same standard in 2007.
Four serious violations with penalties totaling $16,000 have been issued for the company's failure to place warning signage to oncoming motorists of work being conducted in the roadway, not providing the employee directing traffic with proper traffic control equipment, allowing equipment to be placed within two feet of the trench and using a protective system inside the trench that was not designed by a professional engineer.
"OSHA will not allow employers to endanger their workers' lies by cutting corners on safety just to speed up work and minimize any inconvenience to residents and motorists," said Andre Richards, area director of OSHA's Atlanta-West office.
The company, based in Jasper, Ga., has 15 business days from receipt of the citations to contest the violations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-West Area Office, 2400 Herodian Way, Suite 250, Smyrna, Ga.; telephone 770-984-8700.
Related Past Posts
Contractor Faces Maximum Fine For Cave-In Hazard
Trench Collapse Prompts Lawsuit
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Labels: Construction Safety, OSHA Citations, OSHA Fines
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OSHA Announces $314,000 In Penalties Against Dana Container Inc.
OSHA has proposed $314,000 in fines against Dana Container Inc. of Summit, Ill., for alleged willful, serious and repeat violations of federal workplace safety standards.
As a result of a safety and health inspection, OSHA has cited the company for three willful violations with a proposed penalty of $210,000. The willful citations address the company's alleged failure to have adequate written programs and permits required for working in confined spaces and not insuring proper working conditions before allowing workers to enter those confined spaces. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The company also has been cited for 16 serious violations with proposed penalties of $86,500. Some of the citations allege the company failed to provide proper training and procedures on uses of personal protective equipment such as respirators; review permit space entry operations and permit required confined space programs; install guardrails on elevated runways; provide proper identification and warnings on hazardous material tanks; and provide an adequate hazard communication program. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Dana also has received one citation for a repeat violation with a penalty of $17,500. The alleged repeat violation addresses failure to provide emergency eyewash and a safety shower for employees working with corrosive materials. OSHA issues a repeat violation when it finds a substantially similar violation of any standard, regulation, rule or order at any of an employer's facilities in federal enforcement states when an initial one previously was cited.
"Injuries and fatalities from accidents such as asphyxiation due to overexposure of hazardous gases are preventable," said Gary Anderson, OSHA's area director in Calumet City, Ill. "Employers must remain dedicated to keeping the workplace safe and healthful or face strong enforcement actions by OSHA."
Dana Container Inc. is a tank washing company that employs about 375 workers nationally. Its facility has been inspected seven times by OSHA, including two inspections after worker fatalities, and the company has received numerous citations from these past inspections.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
Related Past Posts
OSHA Issues Confined Space Proposed Rule
OSHA Citation For Inadequate Lock Out / Tag Out
As a result of a safety and health inspection, OSHA has cited the company for three willful violations with a proposed penalty of $210,000. The willful citations address the company's alleged failure to have adequate written programs and permits required for working in confined spaces and not insuring proper working conditions before allowing workers to enter those confined spaces. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The company also has been cited for 16 serious violations with proposed penalties of $86,500. Some of the citations allege the company failed to provide proper training and procedures on uses of personal protective equipment such as respirators; review permit space entry operations and permit required confined space programs; install guardrails on elevated runways; provide proper identification and warnings on hazardous material tanks; and provide an adequate hazard communication program. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Dana also has received one citation for a repeat violation with a penalty of $17,500. The alleged repeat violation addresses failure to provide emergency eyewash and a safety shower for employees working with corrosive materials. OSHA issues a repeat violation when it finds a substantially similar violation of any standard, regulation, rule or order at any of an employer's facilities in federal enforcement states when an initial one previously was cited.
"Injuries and fatalities from accidents such as asphyxiation due to overexposure of hazardous gases are preventable," said Gary Anderson, OSHA's area director in Calumet City, Ill. "Employers must remain dedicated to keeping the workplace safe and healthful or face strong enforcement actions by OSHA."
Dana Container Inc. is a tank washing company that employs about 375 workers nationally. Its facility has been inspected seven times by OSHA, including two inspections after worker fatalities, and the company has received numerous citations from these past inspections.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
Related Past Posts
OSHA Issues Confined Space Proposed Rule
OSHA Citation For Inadequate Lock Out / Tag Out
Labels: hazard identifcation, OSHA Citations, OSHA Fines, safety regulations
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Monday, June 01, 2009
Thinking Outside the Box
An article in Athletic Business summarizes the status of fines related to the death of a Buffalo News sports reporter who fell from steep stairs going up to a press box in a high school stadium.
I originally wrote about this on April 8th in a post titled: "An OSHA Recommendation Run Amok".
Initially state safety regulators fined the school district. Then OSHA stepped in and said that the newspaper should be fined $31,500. And the discussion about what is right continues to swirl on the web.
You can read the Athletic Business article here.
I originally wrote about this on April 8th in a post titled: "An OSHA Recommendation Run Amok".
Initially state safety regulators fined the school district. Then OSHA stepped in and said that the newspaper should be fined $31,500. And the discussion about what is right continues to swirl on the web.
You can read the Athletic Business article here.
Labels: OSHA Fines, safety and the media
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Tuesday, February 24, 2009
Contractor To Pay $750,000 OSHA Fine
New York construction contractor agrees to pay $750,000 and take comprehensive jobsite safety steps in settlement with U.S. Labor Department
New York-based concrete construction contractor 160 Broadway Corp., doing business as Broadway Concrete, has agreed to pay a $750,000 fine as part of a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) addressing hazards cited last summer. The company also will take comprehensive steps to upgrade employee safety and health at its worksites.
In June 2008, OSHA cited Broadway Concrete and proposed $877,000 in penalties against the company for fall hazards at the 77 Hudson condominium construction project in Jersey City, N.J. The company initially contested the citations and penalties but withdrew its notice of contest as part of a settlement agreement, signed Jan. 26, 2009, which reclassified 13 of the 15 willful citations as repeat violations.
Under the agreement, Broadway Concrete and its sister company, Regal Construction, have agreed to abate all the cited hazards and take the following additional steps beyond what is required under OSHA standards:
New York-based concrete construction contractor 160 Broadway Corp., doing business as Broadway Concrete, has agreed to pay a $750,000 fine as part of a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) addressing hazards cited last summer. The company also will take comprehensive steps to upgrade employee safety and health at its worksites.
In June 2008, OSHA cited Broadway Concrete and proposed $877,000 in penalties against the company for fall hazards at the 77 Hudson condominium construction project in Jersey City, N.J. The company initially contested the citations and penalties but withdrew its notice of contest as part of a settlement agreement, signed Jan. 26, 2009, which reclassified 13 of the 15 willful citations as repeat violations.
Under the agreement, Broadway Concrete and its sister company, Regal Construction, have agreed to abate all the cited hazards and take the following additional steps beyond what is required under OSHA standards:
- Select and employ a full-time chief of construction operations and a corporate safety director to oversee construction operations and have authority over senior job superintendents in safety and health related issues.
- Employ a full-time site safety director on each large project and have a safety director inspect smaller projects at least once a week; the safety directors will have authority to stop work and direct changes to ensure site safety.
- Reduce the salary of senior job superintendents who fail to comply with applicable OSHA and job safety practices.
- Complete a comprehensive review of current construction means, methods and safety procedures, including a crew-based, task specific hazard assessment for every phase of current construction operations.
- Develop a new corporate safety and health plan.
- Finalize a site specific safety and health plan for each new project before work begins, ensure the job superintendent reads it and provides copies to onsite employees.
- Provide safety and health management training to superintendents and supervisory personnel working on each site, and train company and subcontractor employees on each site's safety and health plan.
- Provide OSHA officials with information on major projects and access to all jobsites without need of a warrant for the next four years.
Labels: OSHA Citations, OSHA Fines
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OSHA Orders Air Carrier To Pay $400,000 To Employee
OSHA orders Connecticut-based air carrier to pay more than $400,000 to employee terminated for raising safety concerns.
OSHA has ordered Southern Air Inc., a cargo airline headquartered in Norwalk, Conn., to pay more than $400,000 in lost wages, back pay, damages and legal fees to compensate a flight crew member who was terminated for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
The employee was terminated in April 2008 after twice complaining to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration (FAA) rules. The employee then filed a whistleblower complaint with OSHA's Boston Regional Office.
OSHA's investigation found merit to the complaint, and the agency has issued a Notice of Secretary's Findings and Preliminary Order to Southern Air that directs the air carrier to pay the complainant $300,000 for loss of career wages, $135,240 in compensatory damages, $7,394.65 in attorney's fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company is also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.
"Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal," said Marthe Kent, OSHA's New England regional administrator. "We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard."
Both the complainant and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.
OSHA has ordered Southern Air Inc., a cargo airline headquartered in Norwalk, Conn., to pay more than $400,000 in lost wages, back pay, damages and legal fees to compensate a flight crew member who was terminated for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
The employee was terminated in April 2008 after twice complaining to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration (FAA) rules. The employee then filed a whistleblower complaint with OSHA's Boston Regional Office.
OSHA's investigation found merit to the complaint, and the agency has issued a Notice of Secretary's Findings and Preliminary Order to Southern Air that directs the air carrier to pay the complainant $300,000 for loss of career wages, $135,240 in compensatory damages, $7,394.65 in attorney's fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company is also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.
"Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal," said Marthe Kent, OSHA's New England regional administrator. "We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard."
Both the complainant and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.
Labels: OSHA, OSHA Fines
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Monday, February 02, 2009
Employee Complaint Results In $62,000 Proposed Fine
Fall hazards at New Haven, Conn., worksite lead to nearly $62,000 in U.S. Labor Department OSHA fines for Stratford, Conn., roofing contractor.
OSHA has cited Domack Roofing LLC of Stratford, Conn., for alleged willful, serious and repeat violations of safety standards at a New Haven, Conn., worksite. The roofing contactor faces $61,800 in proposed fines following an OSHA inspection prompted by an employee complaint.
OSHA found that Domack employees were exposed to falls from 40 to 60 feet while working without fall protection on the third floor and the roof of a building at 2 Ella Grasso Blvd. Additional fall hazards were posed by the lack of stair rails and guardrails on the stairways and landings used to access the building's upper floors, the use of a ladder that did not extend three feet beyond its landing surface and lack of employee training. Employees also were exposed to possible electric shock or burns from a temporary lighting lamp that was not guarded against accidental contact.
"Falls are the number one killer in construction work," said Robert Kowalski, OSHA's area director in Bridgeport. "A lack of fall protection and training leaves employees just a slip or a misstep away from a deadly or disabling plunge."
Specifically, OSHA issued Domack two willful citations, with $56,000 in fines, for the lack of fall protection; four serious citations, with $3,800 in fines, for the training, ladder and lamp hazards; and one repeat citation, with a $2,000 fine, for failing to train the third floor balcony employee to recognize fall hazards. OSHA cited the company in December 2007 for similar hazards at a Bridgeport worksite.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Detailed fall protection information is available on OSHA's Web site at www.osha.gov/SLTC/fallprotection/index.html.
Domack Roofing has 15 business days from receipt of its citations and penalties to meet with OSHA or to contest them to the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Bridgeport Area Office; telephone 203-579-5581.
OSHA has cited Domack Roofing LLC of Stratford, Conn., for alleged willful, serious and repeat violations of safety standards at a New Haven, Conn., worksite. The roofing contactor faces $61,800 in proposed fines following an OSHA inspection prompted by an employee complaint.
OSHA found that Domack employees were exposed to falls from 40 to 60 feet while working without fall protection on the third floor and the roof of a building at 2 Ella Grasso Blvd. Additional fall hazards were posed by the lack of stair rails and guardrails on the stairways and landings used to access the building's upper floors, the use of a ladder that did not extend three feet beyond its landing surface and lack of employee training. Employees also were exposed to possible electric shock or burns from a temporary lighting lamp that was not guarded against accidental contact.
"Falls are the number one killer in construction work," said Robert Kowalski, OSHA's area director in Bridgeport. "A lack of fall protection and training leaves employees just a slip or a misstep away from a deadly or disabling plunge."
Specifically, OSHA issued Domack two willful citations, with $56,000 in fines, for the lack of fall protection; four serious citations, with $3,800 in fines, for the training, ladder and lamp hazards; and one repeat citation, with a $2,000 fine, for failing to train the third floor balcony employee to recognize fall hazards. OSHA cited the company in December 2007 for similar hazards at a Bridgeport worksite.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Detailed fall protection information is available on OSHA's Web site at www.osha.gov/SLTC/fallprotection/index.html.
Domack Roofing has 15 business days from receipt of its citations and penalties to meet with OSHA or to contest them to the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Bridgeport Area Office; telephone 203-579-5581.
Labels: OSHA Fines
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Friday, January 09, 2009
Top Ten OSHA Violations In 2008
Graphic Products is offering a free copy of a guide to the Top Ten OSHA Violations In 2008.
This guide provides two top ten lists. The top ten OSHA violations based on the number of violations in fiscal year 2008, and the top ten violations based on the total amount of the assessed fines.
In addition to listing the violations, the guides provides a reference to the OSHA regulations that apply, as well as providing a brief description.
This guide provides two top ten lists. The top ten OSHA violations based on the number of violations in fiscal year 2008, and the top ten violations based on the total amount of the assessed fines.
In addition to listing the violations, the guides provides a reference to the OSHA regulations that apply, as well as providing a brief description.
Labels: OSHA, OSHA Citations, OSHA Fines, osha information
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Monday, December 15, 2008
Tonawanda, N.Y., Manufacturer Faces Additional $169,500 In Penalties From OSHA
The Wendt Corp., a Tonawanda, N.Y., manufacturer of automobile recycling equipment, faces an additional $169,500 in fines from the U.S. Department of Labor¿s Occupational Safety and Health Administration (OSHA) for failing to fully correct hazards cited during a prior OSHA inspection.
"The severity of these fines reflects both the seriousness of the cited conditions and the importance of correcting hazards completely and expeditiously," said Arthur Dube, OSHA's area director in Buffalo. "Uncorrected and unaddressed hazards pose an ongoing risk to employees¿ health and safety."
In April, OSHA cited the company for 15 serious violations of safety standards at its 2080 Military Road manufacturing plant and fined the company $13,500. The company paid the fine and agreed to correct all the cited hazards. However, a June follow-up inspection by OSHA found that seven of the cited items remained uncorrected.
Specifically, the company had not: established and implemented a respiratory protection program; provided appropriate respirator training and fit-testing for industrial painters required to wear respirators during spray painting operations; provided firefighting information for employees expected to fight incipient stage fires; provided screens or shields to protect employees working adjacent to welding operations; developed and implemented a hazard communication program; and provided hazard communication information and training to employees working with or exposed to welding fumes or hazardous chemicals.
As a result of these conditions, OSHA has issued Wendt Corp. seven failure to abate notices carrying $168,000 in proposed fines. OSHA also has issued the company one serious citation with a $1,500 fine for not medically evaluating employees¿ fitness to wear respirators. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
"One effective way that employers can address workplace hazards is to establish a safety and health management program through which employers and employees work together in a systematic and cooperative manner to evaluate, identify and eliminate hazardous conditions in their workplace," said Dube.
The company has 15 business days from receipt of the failure to abate notices and citation to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA¿s Buffalo Area Office; telephone 716-551-3053.
"The severity of these fines reflects both the seriousness of the cited conditions and the importance of correcting hazards completely and expeditiously," said Arthur Dube, OSHA's area director in Buffalo. "Uncorrected and unaddressed hazards pose an ongoing risk to employees¿ health and safety."
In April, OSHA cited the company for 15 serious violations of safety standards at its 2080 Military Road manufacturing plant and fined the company $13,500. The company paid the fine and agreed to correct all the cited hazards. However, a June follow-up inspection by OSHA found that seven of the cited items remained uncorrected.
Specifically, the company had not: established and implemented a respiratory protection program; provided appropriate respirator training and fit-testing for industrial painters required to wear respirators during spray painting operations; provided firefighting information for employees expected to fight incipient stage fires; provided screens or shields to protect employees working adjacent to welding operations; developed and implemented a hazard communication program; and provided hazard communication information and training to employees working with or exposed to welding fumes or hazardous chemicals.
As a result of these conditions, OSHA has issued Wendt Corp. seven failure to abate notices carrying $168,000 in proposed fines. OSHA also has issued the company one serious citation with a $1,500 fine for not medically evaluating employees¿ fitness to wear respirators. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
"One effective way that employers can address workplace hazards is to establish a safety and health management program through which employers and employees work together in a systematic and cooperative manner to evaluate, identify and eliminate hazardous conditions in their workplace," said Dube.
The company has 15 business days from receipt of the failure to abate notices and citation to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA¿s Buffalo Area Office; telephone 716-551-3053.
Labels: OSHA Citations, OSHA Fines
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Wednesday, December 03, 2008
NY Metal Fabricator Faces Additional $75,000 In Penalties For Failing To Correct Amputation Hazards
A Buffalo metal fabrication shop faces an additional $75,000 in penalties from OSHA for failing to fully correct hazards cited during a prior OSHA inspection.
In May, OSHA cited ATECH-S.E.H. Metal Fabricators Inc. for serious violations of safety standards after two employees at the company's 103 Norris St. plant lost parts of their fingers when a mechanical power press they were setting up for operation unexpectedly activated.
OSHA found that the power press had not been de-energized and physically locked out as required under OSHA's hazardous energy control, or lockout/tagout standard and that the employees had not been adequately trained in lockout/tagout procedures. ATECH-S.E.H. subsequently paid $6,000 in penalties and agreed to correct all cited hazards.
However, a follow-up inspection by OSHA to verify compliance determined that unsatisfactory corrective action had been taken. OSHA found that the lockout/tagout training was incomplete and lockout/tagout procedures were not followed, including one instance in which another employee was injured by the unexpected startup of a power press. As a result, OSHA issued the company two failure to abate notices, which carry $75,000 in new penalties.
"The sizable penalty proposed in this case reflects both the severity and recurrence of these hazards, and the employer's failure to properly correct them," said Arthur Dube. OSHA's area director in Buffalo. "Partial measures don't get the job done. Proper lockout/tagout training and procedures must be implemented and maintained completely, effectively and continuously to safeguard employees against possible injuries."
"In addition, one means of maintaining a safe workplace is to establish a safety and health management system through which employers and employees work together in a systematic and effective manner to evaluate, identify and eliminate hazardous conditions before they cause injury or illness," said Dube.
The company has 15 business days from receipt of its failure to abate notices to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.
In May, OSHA cited ATECH-S.E.H. Metal Fabricators Inc. for serious violations of safety standards after two employees at the company's 103 Norris St. plant lost parts of their fingers when a mechanical power press they were setting up for operation unexpectedly activated.
OSHA found that the power press had not been de-energized and physically locked out as required under OSHA's hazardous energy control, or lockout/tagout standard and that the employees had not been adequately trained in lockout/tagout procedures. ATECH-S.E.H. subsequently paid $6,000 in penalties and agreed to correct all cited hazards.
However, a follow-up inspection by OSHA to verify compliance determined that unsatisfactory corrective action had been taken. OSHA found that the lockout/tagout training was incomplete and lockout/tagout procedures were not followed, including one instance in which another employee was injured by the unexpected startup of a power press. As a result, OSHA issued the company two failure to abate notices, which carry $75,000 in new penalties.
"The sizable penalty proposed in this case reflects both the severity and recurrence of these hazards, and the employer's failure to properly correct them," said Arthur Dube. OSHA's area director in Buffalo. "Partial measures don't get the job done. Proper lockout/tagout training and procedures must be implemented and maintained completely, effectively and continuously to safeguard employees against possible injuries."
"In addition, one means of maintaining a safe workplace is to establish a safety and health management system through which employers and employees work together in a systematic and effective manner to evaluate, identify and eliminate hazardous conditions before they cause injury or illness," said Dube.
The company has 15 business days from receipt of its failure to abate notices to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.
Labels: LOTO, OSHA Citations, OSHA Fines
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Friday, November 07, 2008
OSHA Cites International Paper Co. In Vicksburg, Miss., For Safety Violations
Paper mill chemical recovery boilers are dangerous. They burn black liquor to recover the chemicals used in pulp digesters. The black liquor burns in a pile in the bottom of a water cooled furnace, with smelt running off through openings near the bottom of the furnace. Water and smelt is an explosive mixture. It only takes a small amount of water getting into the furnace to produce a huge explosion. Since the furance walls are made from tubes filled with water, there is always water close at hand. As a result following proper start-up procedures is critical.
Here is the OSHA press release:
OSHA investigation followed May explosion that killed an employee, injured 22 others
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited International Paper Co.'s Vicksburg Mill in Vicksburg for workplace safety violations following an investigation into the May explosion of a recovery boiler during a start-up where 23 employees were injured, one fatally.
"The fines reflect the company's failure to establish procedures for a re-start of the recovery boiler without the power boiler being on-line," said Clyde Payne, OSHA's area director in Jackson, Miss. "Employees were exposed to a fire and explosion because the employer failed to develop written boiler set-up and operating procedures."
International Paper received one alleged willful and one serious violation. The willful violation is for failing to start the recovery boiler without adequate steam and not developing safe procedures to start up the recovery boiler when the primary power boiler is off-line. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The serious violation is for failing to have written procedures to determine that an adequate amount of odorant was being added to the natural gas supply line coming into the power plant. A serious violation is one that could cause death or serious physical harm to employees and the employer knew or should have known of the hazard.
For these citations, OSHA is proposing $77,000 in penalties against the company.
International Paper, headquartered in Memphis, Tenn., is a paper and packaging manufacturer operating throughout the world. About 300 employees work at the Vicksburg site.
Here is the OSHA press release:
OSHA investigation followed May explosion that killed an employee, injured 22 others
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited International Paper Co.'s Vicksburg Mill in Vicksburg for workplace safety violations following an investigation into the May explosion of a recovery boiler during a start-up where 23 employees were injured, one fatally.
"The fines reflect the company's failure to establish procedures for a re-start of the recovery boiler without the power boiler being on-line," said Clyde Payne, OSHA's area director in Jackson, Miss. "Employees were exposed to a fire and explosion because the employer failed to develop written boiler set-up and operating procedures."
International Paper received one alleged willful and one serious violation. The willful violation is for failing to start the recovery boiler without adequate steam and not developing safe procedures to start up the recovery boiler when the primary power boiler is off-line. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The serious violation is for failing to have written procedures to determine that an adequate amount of odorant was being added to the natural gas supply line coming into the power plant. A serious violation is one that could cause death or serious physical harm to employees and the employer knew or should have known of the hazard.
For these citations, OSHA is proposing $77,000 in penalties against the company.
International Paper, headquartered in Memphis, Tenn., is a paper and packaging manufacturer operating throughout the world. About 300 employees work at the Vicksburg site.
Labels: OSHA Citations, OSHA Fines
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Tuesday, October 07, 2008
OSHA Cites Pepsi-Cola and National Brand Beverage Ltd. For Machine Hazards
OSHA has cited Pepsi-Cola and National Brand Beverage Ltd. of Pennsauken with $195,000 in proposed penalties for alleged workplace safety and health violations.
OSHA initiated its investigation on April 1 in response to a complaint alleging that employees were exposed to hazards when clearing jams on the machine used to stack and transport pallets. As a result of the investigation, OSHA issued three willful citations.
The willful violations include the company's failure to provide training on lockout/tagout procedures, which prevent the inadvertent start-up of machinery or the release of hazardous energy, failure to apply lockout/tagout procedures when machines were being serviced and failure to properly guard machinery. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for the law.
"The machine hazards identified at this facility pose a serious safety threat to employees if left unabated," said Gary Roskoski, director of OSHA's Marlton, N.J., area office. "A proven way of ensuring future abatement of all serious hazards, compliance with OSHA regulations and the prevention of employee injury, illness and death is for Pepsi-Cola and National Brand Beverage Ltd. in Pennsauken to establish an effective safety and health management system."
The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Marlton Area Office; telephone 856-396-2594.
OSHA initiated its investigation on April 1 in response to a complaint alleging that employees were exposed to hazards when clearing jams on the machine used to stack and transport pallets. As a result of the investigation, OSHA issued three willful citations.
The willful violations include the company's failure to provide training on lockout/tagout procedures, which prevent the inadvertent start-up of machinery or the release of hazardous energy, failure to apply lockout/tagout procedures when machines were being serviced and failure to properly guard machinery. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for the law.
"The machine hazards identified at this facility pose a serious safety threat to employees if left unabated," said Gary Roskoski, director of OSHA's Marlton, N.J., area office. "A proven way of ensuring future abatement of all serious hazards, compliance with OSHA regulations and the prevention of employee injury, illness and death is for Pepsi-Cola and National Brand Beverage Ltd. in Pennsauken to establish an effective safety and health management system."
The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Marlton Area Office; telephone 856-396-2594.
Labels: LOTO, OSHA Citations, OSHA Fines
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Tuesday, September 16, 2008
OSHA Proposes More Than $41,000 In Penalties Against Beeline Store
MOBILE, Ala. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is proposing $41,650 in penalties against Ganapatibapa Inc. for one willful and two serious safety violations found at its Ozark, Ala., Beeline Store.
The willful violation, which carries a proposed penalty of $38,500, stems from the company's failure to provide a standard guardrail or its equivalent on an open-sided platform four feet or more above the ground. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
Ganapatibapa Inc. had been told about this violation in December 2007. After announcing that it would no longer utilize the platform, the company resumed its practice of requiring employees to use the platform to change gas pricing signs without modifying the structure to conform to OSHA safety regulations. Instead, the company supplied employees with a full-body safety harness but did not instruct them on its use.
"OSHA will not tolerate the practice of employers agreeing to correct safety hazards and then failing to make the required changes," said Clyde Payne, OSHA's acting area director in Mobile.
Ganapatibapa Inc. is also being cited for two serious violations with $3,150 in proposed penalties for exceeding the weight duty limit of a portable ladder and failing to provide appropriate training to employees.
The company has 15 business days from receipt of the citations to contest them and the proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Mobile Area Office, 1141 Montlimar Drive, Suite 1006; telephone 251-441-6131.
The willful violation, which carries a proposed penalty of $38,500, stems from the company's failure to provide a standard guardrail or its equivalent on an open-sided platform four feet or more above the ground. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
Ganapatibapa Inc. had been told about this violation in December 2007. After announcing that it would no longer utilize the platform, the company resumed its practice of requiring employees to use the platform to change gas pricing signs without modifying the structure to conform to OSHA safety regulations. Instead, the company supplied employees with a full-body safety harness but did not instruct them on its use.
"OSHA will not tolerate the practice of employers agreeing to correct safety hazards and then failing to make the required changes," said Clyde Payne, OSHA's acting area director in Mobile.
Ganapatibapa Inc. is also being cited for two serious violations with $3,150 in proposed penalties for exceeding the weight duty limit of a portable ladder and failing to provide appropriate training to employees.
The company has 15 business days from receipt of the citations to contest them and the proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Mobile Area Office, 1141 Montlimar Drive, Suite 1006; telephone 251-441-6131.
Labels: OSHA Citations, OSHA Fines, workplace safety
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OSHA Citations Issued In Connection With Fatal NYC Crane Collapse
NEW YORK -- The U.S. Occupational Safety and Health Administration (OSHA) issued citations to three contractors with proposed penalties totaling $313,500 for alleged violations of safety standards after investigating the catastrophic March 15 collapse of a tower crane in New York City that killed seven people. The accident took place at 303 E. 51st St. in midtown Manhattan.
Cited were Rapetti Rigging Services Inc., the crane's erector; Reliance Construction Group, the project's general contractor; and Joy Contractors Inc., the project's concrete and superstructure contractor. Rapetti was cited for alleged problems associated with rigging the crane and lack of fall protection, while Reliance and Joy were cited for lack of fall protection, fire protection and other hazards unrelated to the crane collapse.
Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr. said, "This case illustrates in stark terms that failure to follow required procedures can have wide-ranging and catastrophic consequences."
Rapetti Rigging has been issued three willful citations with penalties totaling $210,000 for allegedly failing, among other things, to comply with the crane manufacturer's specifications and limitations when erecting and raising the tower crane, to protect synthetic rigging slings from damage, to inspect the slings for damage or defects before use, and to remove a defective sling from service.
"Ultimately, the crane collapse was a failure to follow basic, but essential, construction safety processes," said Richard Mendelson, OSHA's area director in Manhattan.
Rapetti also has been issued five serious citations, with $10,000 in proposed fines for fall hazards. Employees working on the crane’s mast and at the edge of the 18th floor level and other areas lacked proper fall protection. Penalties proposed against Rapetti total $220,000.
Joy Contractors has been issued one repeat and 14 serious citations with proposed penalties totaling $74,000. The repeat citation alleges the lack of fall protection for employees working 180 feet above the ground. OSHA cited Joy in March 2007 for a similar hazard at a Mt. Pleasant, N.Y., worksite. The serious citations allege failure to train employees in jobsite hazards, unsafe work area debris, fire hazards, fall hazards, unsafe material storage, and hazards created by the eccentric loading of concrete shoring and formwork.
Reliance Construction Group has been issued 11 serious citations with a total of $19,500 in proposed penalties. The citations allege failure to train employees in jobsite hazards, unsafe work area debris, fire hazards, fall hazards, and hazards created by the eccentric loading of concrete shoring and formwork.
This inspection was conducted by OSHA's Manhattan Area Office; telephone 212-620-3200. OSHA’s inspection of the May 30 crane collapse at 91st Street and First Avenue in New York City is still ongoing.
Cited were Rapetti Rigging Services Inc., the crane's erector; Reliance Construction Group, the project's general contractor; and Joy Contractors Inc., the project's concrete and superstructure contractor. Rapetti was cited for alleged problems associated with rigging the crane and lack of fall protection, while Reliance and Joy were cited for lack of fall protection, fire protection and other hazards unrelated to the crane collapse.
Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr. said, "This case illustrates in stark terms that failure to follow required procedures can have wide-ranging and catastrophic consequences."
Rapetti Rigging has been issued three willful citations with penalties totaling $210,000 for allegedly failing, among other things, to comply with the crane manufacturer's specifications and limitations when erecting and raising the tower crane, to protect synthetic rigging slings from damage, to inspect the slings for damage or defects before use, and to remove a defective sling from service.
"Ultimately, the crane collapse was a failure to follow basic, but essential, construction safety processes," said Richard Mendelson, OSHA's area director in Manhattan.
Rapetti also has been issued five serious citations, with $10,000 in proposed fines for fall hazards. Employees working on the crane’s mast and at the edge of the 18th floor level and other areas lacked proper fall protection. Penalties proposed against Rapetti total $220,000.
Joy Contractors has been issued one repeat and 14 serious citations with proposed penalties totaling $74,000. The repeat citation alleges the lack of fall protection for employees working 180 feet above the ground. OSHA cited Joy in March 2007 for a similar hazard at a Mt. Pleasant, N.Y., worksite. The serious citations allege failure to train employees in jobsite hazards, unsafe work area debris, fire hazards, fall hazards, unsafe material storage, and hazards created by the eccentric loading of concrete shoring and formwork.
Reliance Construction Group has been issued 11 serious citations with a total of $19,500 in proposed penalties. The citations allege failure to train employees in jobsite hazards, unsafe work area debris, fire hazards, fall hazards, and hazards created by the eccentric loading of concrete shoring and formwork.
This inspection was conducted by OSHA's Manhattan Area Office; telephone 212-620-3200. OSHA’s inspection of the May 30 crane collapse at 91st Street and First Avenue in New York City is still ongoing.
Labels: Construction / Installation, Construction Safety, OSHA Citations, OSHA Fines
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Monday, July 07, 2008
Florida Manufacturer Ignores Fire Dept. Warning, Receives OSHA Citation
OSHA cites Medley, Fla., manufacturer with 12 safety violations and proposes more than $64,000 in penalties.
OSHA finds the company willfully endangered employees by ignoring fire department warning
OSHA is proposing $64,250 in penalties following an inspection of Konie Cups International's Medley, Fla., manufacturing plant, which revealed 12 alleged safety violations.
OSHA is proposing one willful violation with a $49,000 penalty. Despite an earlier warning given to the company by local fire officials, OSHA discovered during its inspection that an exit door was locked and the key not easily accessible to all employees in case of an emergency. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The company is receiving seven serious safety violations with penalties totaling $12,750. Employee safety was at risk because liquid propane tanks were stored near an exit route and too many tanks of the explosive gas were stored inside the building. Other problems included electrical hazards, slip and fall hazards, lack of eye protection, lack of a hearing conservation program, exposing employees to amputation hazards and lack of an established lockout/tagout program to prevent machines' unintended startup.
OSHA also has cited Konie Cups International for four other-than-serious violations with proposed penalties of $2,500.
"If a fire occurred in this plant, employees could die because this employer chose to ignore basic safety precautions," said Darlene Fossum, OSHA's area director in Fort Lauderdale.
The company has 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Fort Lauderdale Area Office, 8040 Peters Road, Building H-100, telephone 954-424-0242.
OSHA finds the company willfully endangered employees by ignoring fire department warning
OSHA is proposing $64,250 in penalties following an inspection of Konie Cups International's Medley, Fla., manufacturing plant, which revealed 12 alleged safety violations.
OSHA is proposing one willful violation with a $49,000 penalty. Despite an earlier warning given to the company by local fire officials, OSHA discovered during its inspection that an exit door was locked and the key not easily accessible to all employees in case of an emergency. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The company is receiving seven serious safety violations with penalties totaling $12,750. Employee safety was at risk because liquid propane tanks were stored near an exit route and too many tanks of the explosive gas were stored inside the building. Other problems included electrical hazards, slip and fall hazards, lack of eye protection, lack of a hearing conservation program, exposing employees to amputation hazards and lack of an established lockout/tagout program to prevent machines' unintended startup.
OSHA also has cited Konie Cups International for four other-than-serious violations with proposed penalties of $2,500.
"If a fire occurred in this plant, employees could die because this employer chose to ignore basic safety precautions," said Darlene Fossum, OSHA's area director in Fort Lauderdale.
The company has 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Fort Lauderdale Area Office, 8040 Peters Road, Building H-100, telephone 954-424-0242.
Labels: OSHA Citations, OSHA Fines
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Wednesday, June 11, 2008
$193,000 In Fines For A Laurel, MS Manufacturer With 54 Safety Violations
OSHA has proposed $193,000 in penalties against Howard Industries for 54 violations of federal safety rules at the company's two manufacturing locations in Laurel, Miss.
The producer of electrical power products is being cited with 36 serious violations and proposed penalties of $123,500 at its Pendorf Road plant, with an additional 15 serious violations and proposed penalties of $41,000 at its Eastview plant. The violations include failing to provide employees with proper protective equipment, and to provide machine guards and lockout-tagout procedures. Lockout/tagout refers to preventing accidental start-up of machinery during maintenance.
Two repeat violations with penalties of $27,500 are being proposed for violations similar to those noted during earlier inspections in 2007. Chemical containers lacked identification labels and chains used as slings for lifting loads were shortened using makeshift measures rather than reducing the number of links.
One citation with a $1,000 penalty has been proposed for the company's failure to make material safety data sheets (MSDS) readily accessible to employees in their work area. A MSDS provides both employees and emergency personnel with information that is of particular use if a spill or other accident occurs.
"It is unconscionable for an employer to tolerate serious injuries, including amputations, as just a cost of doing business, rather than get out into the production areas and fix these numerous problems before employees get injured," said Clyde Payne, director of OSHA's Jackson Area Office.
The company has 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
The producer of electrical power products is being cited with 36 serious violations and proposed penalties of $123,500 at its Pendorf Road plant, with an additional 15 serious violations and proposed penalties of $41,000 at its Eastview plant. The violations include failing to provide employees with proper protective equipment, and to provide machine guards and lockout-tagout procedures. Lockout/tagout refers to preventing accidental start-up of machinery during maintenance.
Two repeat violations with penalties of $27,500 are being proposed for violations similar to those noted during earlier inspections in 2007. Chemical containers lacked identification labels and chains used as slings for lifting loads were shortened using makeshift measures rather than reducing the number of links.
One citation with a $1,000 penalty has been proposed for the company's failure to make material safety data sheets (MSDS) readily accessible to employees in their work area. A MSDS provides both employees and emergency personnel with information that is of particular use if a spill or other accident occurs.
"It is unconscionable for an employer to tolerate serious injuries, including amputations, as just a cost of doing business, rather than get out into the production areas and fix these numerous problems before employees get injured," said Clyde Payne, director of OSHA's Jackson Area Office.
The company has 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
Labels: OSHA Citations, OSHA Fines
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Fall and Cave-In Hazards Lead To $120,000 in OSHA Fines
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited two Massachusetts contractors for alleged violations of safety standards at a Concord construction site and proposed combined penalties totaling $120,200.
OSHA's inspection of a McDonald's restaurant construction site at 117 Loudon Road found employees of Shawnlee Construction, a Plainville, Mass., roofing contractor, exposed to fall hazards. Employees of James T. Lynch Contractors Inc., a Reading, Mass., excavation contractor, were found to be exposed to cave-in hazards. Shawnlee faces a total of $96,500 in proposed fines and Lynch a total of $23,700 in proposed fines.
"These are two of the deadliest, yet most preventable, hazards in construction work," said Rosemarie Ohar, OSHA's area director in Concord. "Failing to ensure that the proper safeguards are in place and in use needlessly exposes employees to death or serious injuries from falls or being buried in a cave-in."
Specifically, Shawnlee employees were found to be working atop 15-foot high trusses without fall protection and were not adequately trained in anchoring their fall protection lifelines. These conditions resulted in two repeat citations, carrying $82,500 in proposed fines. OSHA had cited Shawnlee in 2005, 2006 and 2007 for similar conditions at work sites in Connecticut, Massachusetts and Rhode Island.
Shawnlee also has been issued two serious citations, with $12,000 in fines, for lack of eye protection for employees using nail guns and improper use of fall protection harnesses and lanyards. Two other-than-serious citations, with $2,000 in fines, were issued for the company's failure to maintain and provide the illness and injury log in a timely manner.
Employees of James T. Lynch Contractors were observed working in a 7-foot deep excavation that lacked adequate protection against a collapse of its sidewalls. This finding has resulted in one willful citation, carrying a $21,000 fine. Lynch also has been issued three serious citations, with $2,700 in fines, for an access ladder of insufficient height and for lack of a hazard communication program and training for its employees.
Each company has 15 business days from receipt of its citations to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.
OSHA's inspection of a McDonald's restaurant construction site at 117 Loudon Road found employees of Shawnlee Construction, a Plainville, Mass., roofing contractor, exposed to fall hazards. Employees of James T. Lynch Contractors Inc., a Reading, Mass., excavation contractor, were found to be exposed to cave-in hazards. Shawnlee faces a total of $96,500 in proposed fines and Lynch a total of $23,700 in proposed fines.
"These are two of the deadliest, yet most preventable, hazards in construction work," said Rosemarie Ohar, OSHA's area director in Concord. "Failing to ensure that the proper safeguards are in place and in use needlessly exposes employees to death or serious injuries from falls or being buried in a cave-in."
Specifically, Shawnlee employees were found to be working atop 15-foot high trusses without fall protection and were not adequately trained in anchoring their fall protection lifelines. These conditions resulted in two repeat citations, carrying $82,500 in proposed fines. OSHA had cited Shawnlee in 2005, 2006 and 2007 for similar conditions at work sites in Connecticut, Massachusetts and Rhode Island.
Shawnlee also has been issued two serious citations, with $12,000 in fines, for lack of eye protection for employees using nail guns and improper use of fall protection harnesses and lanyards. Two other-than-serious citations, with $2,000 in fines, were issued for the company's failure to maintain and provide the illness and injury log in a timely manner.
Employees of James T. Lynch Contractors were observed working in a 7-foot deep excavation that lacked adequate protection against a collapse of its sidewalls. This finding has resulted in one willful citation, carrying a $21,000 fine. Lynch also has been issued three serious citations, with $2,700 in fines, for an access ladder of insufficient height and for lack of a hazard communication program and training for its employees.
Each company has 15 business days from receipt of its citations to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.
Labels: OSHA Citations, OSHA Fines
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Thursday, June 05, 2008
OSHA Cites Parking Garage Construction Contractors After Worker Is Crushed
OSHA has cited contractors for nine safety violations after an employee was fatally crushed when the Berkman Plaza II parking garage under construction in Jacksonville, Florida collapsed.
The citations carry a proposed $192,800 in penalties. These include a willful violation carrying a $49,500 penalty against Choate Construction, the general contractor, and two willful violations with penalties totaling $125,000 against Southern Pan Services (SPS), the concrete formwork contractor. Choate and SPS are each receiving a willful violation for failing to have a qualified person determine if the structure could support the additional three-quarters of an inch of wet concrete weight that was added to the 20-inch floor slab.
In addition, one willful violation is being proposed against SPS for failing to obtain a reshoring drawing, including all revisions, for the reshoring design method used at the site.
Choate Construction is also being cited for one serious violation with a proposed $6,300 penalty and one other-than-serious violation with a $900 penalty. SPS is receiving two serious violations resulting in $7,500 in proposed penalties.
A.A. Pittman, a concrete finishing contractor, is being cited for two other-than-serious violations and $3,600 in penalties for recordkeeping violations discovered during the inspection.
"These employers are experienced in this type of construction and know all too well that disaster can occur when engineering drawings are not adhered to, or are modified, as occurred in this tragic collapse, without the approval of a professional engineer," said James Borders, OSHA's area director in Jacksonville.
The companies have 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Jacksonville Area Office.
The citations carry a proposed $192,800 in penalties. These include a willful violation carrying a $49,500 penalty against Choate Construction, the general contractor, and two willful violations with penalties totaling $125,000 against Southern Pan Services (SPS), the concrete formwork contractor. Choate and SPS are each receiving a willful violation for failing to have a qualified person determine if the structure could support the additional three-quarters of an inch of wet concrete weight that was added to the 20-inch floor slab.
In addition, one willful violation is being proposed against SPS for failing to obtain a reshoring drawing, including all revisions, for the reshoring design method used at the site.
Choate Construction is also being cited for one serious violation with a proposed $6,300 penalty and one other-than-serious violation with a $900 penalty. SPS is receiving two serious violations resulting in $7,500 in proposed penalties.
A.A. Pittman, a concrete finishing contractor, is being cited for two other-than-serious violations and $3,600 in penalties for recordkeeping violations discovered during the inspection.
"These employers are experienced in this type of construction and know all too well that disaster can occur when engineering drawings are not adhered to, or are modified, as occurred in this tragic collapse, without the approval of a professional engineer," said James Borders, OSHA's area director in Jacksonville.
The companies have 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Jacksonville Area Office.
Labels: OSHA Citations, OSHA Fines
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OSHA Cites North East Linen Following Double Fatality
OSHA has cited North East Linen (Linden, N.J.) for multiple alleged safety and health violations after a double fatality.
OSHA initiated its investigation on Dec. 1, 2007, following the fatal accident. Two employees, who were cleaning a waste water tank, were discovered at the bottom of the tank, which was oxygen-deficient and contained hazardous chemicals. The investigation resulted in one willful, 12 serious and two other-than-serious violations.
"North East Linen did not take the appropriate steps to train its employees about potential hazards and to ensure its employees did not enter the waste water tank, which led to this tragedy," says Robert D. Kulick, director of OSHA's Avenel, N.J., area office.
The company was cited for a willful violation for failing to provide hazard communication training. The serious citations include North East Linen's failure to provide adequate means of egress; to take effective measures to prevent employees from entering the waste water tank; to lock out, or prevent accidental start-up of, equipment; to determine the presence and quantity of asbestos-containing material and not labeling the material; to close unused openings on an electrical panel; and to provide other necessary training.
"This horrible tragedy underscores the need for all employers to implement effective safety and health management systems," said Louis Ricca Jr., acting administrator for OSHA's New York region. "It also reinforces the need for employers to provide their employees with appropriate training, direction, personal protective equipment and engineering controls, particularly when working in and around confined spaces."
OSHA is proposing a total of $79,250 in fines for the combined violations.
OSHA initiated its investigation on Dec. 1, 2007, following the fatal accident. Two employees, who were cleaning a waste water tank, were discovered at the bottom of the tank, which was oxygen-deficient and contained hazardous chemicals. The investigation resulted in one willful, 12 serious and two other-than-serious violations.
"North East Linen did not take the appropriate steps to train its employees about potential hazards and to ensure its employees did not enter the waste water tank, which led to this tragedy," says Robert D. Kulick, director of OSHA's Avenel, N.J., area office.
The company was cited for a willful violation for failing to provide hazard communication training. The serious citations include North East Linen's failure to provide adequate means of egress; to take effective measures to prevent employees from entering the waste water tank; to lock out, or prevent accidental start-up of, equipment; to determine the presence and quantity of asbestos-containing material and not labeling the material; to close unused openings on an electrical panel; and to provide other necessary training.
"This horrible tragedy underscores the need for all employers to implement effective safety and health management systems," said Louis Ricca Jr., acting administrator for OSHA's New York region. "It also reinforces the need for employers to provide their employees with appropriate training, direction, personal protective equipment and engineering controls, particularly when working in and around confined spaces."
OSHA is proposing a total of $79,250 in fines for the combined violations.
Labels: OSHA Citations, OSHA Fines
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N.Y. Paper Manufacturer Faces 35 Workplace Safety Citations And $116,250 Fine
Brownville Specialty Paper Products Inc. cited following death of employee:
OSHA has cited Brownville Specialty Paper Products Inc., in Brownville, NY, for 35 alleged willful and serious violations of safety standards following the death of an employee at its 1 Bridge St. plant.
The employee was fatally crushed on Dec. 5, 2007, by two large rolls of paper, weighing approximately 2,500 pounds, that rolled out of a rewinding machine. OSHA's inspection found that the machine's barrier guard was not interlocked with its drive mechanism to prevent the rolls from being ejected during rewinding operations, and the company knew of the hazard but did not correct it.
"This accident could have been prevented had this machine been properly guarded against this hazard," said Christopher Adams, OSHA's area director in Syracuse. "This case illustrates in the starkest possible terms why effective safeguards are necessary to prevent death and injury on the job."
OSHA has issued Brownville Specialty Paper Products one willful citation, carrying a $49,000 proposed fine, for the unguarded rewinding machine. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
OSHA's inspection also identified hazards involving blocked and obstructed emergency exit routes; fall hazards from unguarded stairways and work platforms, ladder deficiencies, lack of safety belts and lifelines, and an emergency exit opening onto an unguarded 30-foot-high landing; various unguarded moving machine parts; improper compressed gas storage; uninspected lifting equipment; several electrical hazards; respirator safety deficiencies; inadequate hearing protection; no emergency response plan and training for liquid chlorine spills; lack of training for employees entering confined spaces; unlabeled steam pipes and chlorine lines; and incomplete energy control procedures to prevent the unintended startup of machinery.
These conditions resulted in OSHA issuing the company 34 serious citations, with an additional $67,250 in proposed fines. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. In all, the company faces a total of $116,250 in fines for the willful and serious citations.
Brownville Specialty Paper Products Inc. has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808.
OSHA has cited Brownville Specialty Paper Products Inc., in Brownville, NY, for 35 alleged willful and serious violations of safety standards following the death of an employee at its 1 Bridge St. plant.
The employee was fatally crushed on Dec. 5, 2007, by two large rolls of paper, weighing approximately 2,500 pounds, that rolled out of a rewinding machine. OSHA's inspection found that the machine's barrier guard was not interlocked with its drive mechanism to prevent the rolls from being ejected during rewinding operations, and the company knew of the hazard but did not correct it.
"This accident could have been prevented had this machine been properly guarded against this hazard," said Christopher Adams, OSHA's area director in Syracuse. "This case illustrates in the starkest possible terms why effective safeguards are necessary to prevent death and injury on the job."
OSHA has issued Brownville Specialty Paper Products one willful citation, carrying a $49,000 proposed fine, for the unguarded rewinding machine. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
OSHA's inspection also identified hazards involving blocked and obstructed emergency exit routes; fall hazards from unguarded stairways and work platforms, ladder deficiencies, lack of safety belts and lifelines, and an emergency exit opening onto an unguarded 30-foot-high landing; various unguarded moving machine parts; improper compressed gas storage; uninspected lifting equipment; several electrical hazards; respirator safety deficiencies; inadequate hearing protection; no emergency response plan and training for liquid chlorine spills; lack of training for employees entering confined spaces; unlabeled steam pipes and chlorine lines; and incomplete energy control procedures to prevent the unintended startup of machinery.
These conditions resulted in OSHA issuing the company 34 serious citations, with an additional $67,250 in proposed fines. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. In all, the company faces a total of $116,250 in fines for the willful and serious citations.
Brownville Specialty Paper Products Inc. has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808.
Labels: OSHA Citations, OSHA Fines, OSHA Inspections
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Monday, May 12, 2008
OSHA: Sunoco Didn't Fix Its Problems
The Toledo Blade reports in last Saturday's edition that Sunoco Inc.'s Woodville Road facility (Oregon, Ohio) was "hit with $330,000 in fines by the Occupational Safety and Health Administration this week allegedly didn't maintain paperwork and failed to fix things it knew needed attention up to six years ago, according to OSHA documents reviewed by The Blade."
The refinery was inspected last November as a part of OSHA's National Emphasis Program for petroleum refineries that resulted from the 2005 explosion at BP's refinery in Texas City, Texas.
Read the Toledo Blade story.
The OSHA press release states:
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $330,000 in fines against Sunoco Inc., an oil refinery in Oregon, Ohio, for alleged willful and serious violations of federal workplace safety standards.
OSHA initiated a safety inspection at the facility in November 2007 as part of the agency's National Emphasis Program for petroleum refineries. OSHA found 27 serious violations and three willful violations during the inspection. The most critical citations issued are for hazards related to the size and design of pressure relief systems, failing to implement a mechanical integrity program for pressure relief devices and fixed equipment, and failing to correct deficiencies associated with vessel and piping wall thicknesses.
"Injuries and fatalities from incidents at refineries are preventable," said Jule Hovi, OSHA's area director in Toledo. "OSHA will not tolerate employers who ignore safety hazards that threaten the lives and well-being of their employees."
Sunoco Inc. has about 500 employees at its Oregon refinery and 13,500 employees company-wide. OSHA has inspected the site five times since 1974. The agency has inspected Sunoco-owned and operated refinery complexes, petrochemical plants and bulk terminals 34 times since 1970. The inspections have resulted in more than 100 citations.
The refinery was inspected last November as a part of OSHA's National Emphasis Program for petroleum refineries that resulted from the 2005 explosion at BP's refinery in Texas City, Texas.
Read the Toledo Blade story.
The OSHA press release states:
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $330,000 in fines against Sunoco Inc., an oil refinery in Oregon, Ohio, for alleged willful and serious violations of federal workplace safety standards.
OSHA initiated a safety inspection at the facility in November 2007 as part of the agency's National Emphasis Program for petroleum refineries. OSHA found 27 serious violations and three willful violations during the inspection. The most critical citations issued are for hazards related to the size and design of pressure relief systems, failing to implement a mechanical integrity program for pressure relief devices and fixed equipment, and failing to correct deficiencies associated with vessel and piping wall thicknesses.
"Injuries and fatalities from incidents at refineries are preventable," said Jule Hovi, OSHA's area director in Toledo. "OSHA will not tolerate employers who ignore safety hazards that threaten the lives and well-being of their employees."
Sunoco Inc. has about 500 employees at its Oregon refinery and 13,500 employees company-wide. OSHA has inspected the site five times since 1974. The agency has inspected Sunoco-owned and operated refinery complexes, petrochemical plants and bulk terminals 34 times since 1970. The inspections have resulted in more than 100 citations.
Labels: OSHA Citations, OSHA Fines, OSHA Inspections
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Monday, May 05, 2008
OSHA Proposes United Airlines Fine Of $215,500
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $215,500 in fines against United Airlines Inc. in Chicago for alleged multiple serious and repeat violations of federal workplace safety standards.
OSHA selected United Airlines for inspection after reviewing occupational injury and illness data, which included ramp services, customer service areas, air freight, aircraft and ground equipment maintenance, building/facility maintenance, business operations, strategic procurement, medical facilities and flight attendant operations. As a result of its inspection, OSHA issued 43 serious violations and four repeat violations.
The serious violations address hazards associated with fall protection, hazardous energy control procedures and training, storage of oxygen and fuel-gas cylinders, platform load ratings and electrical hazards. The four repeat violations, based on citations issued and affirmed in 2006 and 2007, cover machine guarding and electrical issues. Proposed penalties for the repeat violations alone total $57,500.
"Falls, electrical hazards and machine guarding issues, as well as energy lockout/tagout procedures, which are intended to prevent accidental start-up of machinery during maintenance, are problems that should not exist at any worksite," said Diane Turek, director of OSHA's Chicago North Area Office in Des Plaines, Ill. "They are problems that can be avoided if an employer is dedicated to protecting employees. Employers must remain dedicated to keeping the workplace safe and healthful, or face close scrutiny by this agency."
Since 2004, OSHA has inspected United Airlines 22 times at various locations nationwide. United Airlines operations at O'Hare International Airport have been inspected eight times since 2000 with only three of those inspections resulting in citations.
OSHA selected United Airlines for inspection after reviewing occupational injury and illness data, which included ramp services, customer service areas, air freight, aircraft and ground equipment maintenance, building/facility maintenance, business operations, strategic procurement, medical facilities and flight attendant operations. As a result of its inspection, OSHA issued 43 serious violations and four repeat violations.
The serious violations address hazards associated with fall protection, hazardous energy control procedures and training, storage of oxygen and fuel-gas cylinders, platform load ratings and electrical hazards. The four repeat violations, based on citations issued and affirmed in 2006 and 2007, cover machine guarding and electrical issues. Proposed penalties for the repeat violations alone total $57,500.
"Falls, electrical hazards and machine guarding issues, as well as energy lockout/tagout procedures, which are intended to prevent accidental start-up of machinery during maintenance, are problems that should not exist at any worksite," said Diane Turek, director of OSHA's Chicago North Area Office in Des Plaines, Ill. "They are problems that can be avoided if an employer is dedicated to protecting employees. Employers must remain dedicated to keeping the workplace safe and healthful, or face close scrutiny by this agency."
Since 2004, OSHA has inspected United Airlines 22 times at various locations nationwide. United Airlines operations at O'Hare International Airport have been inspected eight times since 2000 with only three of those inspections resulting in citations.
Labels: OSHA Citations, OSHA Fines, OSHA Inspections
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Friday, May 02, 2008
Manufacturer Faces Additional $75,000 in OSHA Fines
A Conklin, N.Y., manufacturer faces additional $75,000 in OSHA fines for failing to correct machine guarding hazards.
Samscreen Inc. was cited by OSHA in June 2007 for inadequate guarding of moving machine parts and other hazards at its 216 Broome Corporate Parkway manufacturing plant. The company agreed to correct all cited hazards and paid a fine of $4,725. However, an OSHA follow-up inspection begun in February 2008 found that three press brakes and eight revolving rollers remained unprotected, leaving employees exposed to potential laceration, amputation and crushing injuries.
"The purpose of machine guarding is to prevent any part of an employee's body from coming in contact with a machine's moving parts," said Christopher Adams, OSHA's area director in Syracuse. "The sizable fine proposed here reflects the seriousness of this employer's ongoing failure to effectively safeguard its employees against this potentially deadly hazard."
As a result, OSHA issued Samscreen two failure to abate citations, with $75,000 in proposed fines. OSHA issues a failure to abate citation when an employer does not correct a cited violation by an established date. OSHA may impose a penalty of up to $7,000 per day for each violation.
The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808.
Samscreen Inc. was cited by OSHA in June 2007 for inadequate guarding of moving machine parts and other hazards at its 216 Broome Corporate Parkway manufacturing plant. The company agreed to correct all cited hazards and paid a fine of $4,725. However, an OSHA follow-up inspection begun in February 2008 found that three press brakes and eight revolving rollers remained unprotected, leaving employees exposed to potential laceration, amputation and crushing injuries.
"The purpose of machine guarding is to prevent any part of an employee's body from coming in contact with a machine's moving parts," said Christopher Adams, OSHA's area director in Syracuse. "The sizable fine proposed here reflects the seriousness of this employer's ongoing failure to effectively safeguard its employees against this potentially deadly hazard."
As a result, OSHA issued Samscreen two failure to abate citations, with $75,000 in proposed fines. OSHA issues a failure to abate citation when an employer does not correct a cited violation by an established date. OSHA may impose a penalty of up to $7,000 per day for each violation.
The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808.
Labels: OSHA Citations, OSHA Fines
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Monday, April 21, 2008
Influenced, OSHA bends
There are more problems in Las Vegas. In last Friday's edition the Las Vegas Sun reports:
"State safety officials sharply reduced violations and fines against the Orleans [Boyd Gaming Corp] for its role in two worker fatalities last year after one of Gov. Jim Gibbons’ top political appointees became involved in the investigation, the Sun has learned."
They also report that "The case so angered Boyd’s safety manager, Don Barker, and OSHA inspector John Olaechea, who investigated the accident, that both men quit their jobs."
This is about an incident in which two employees where killed and a third injured. The article states that this happened on "Feb. 2, 2007. While attempting to fix a pipe that was causing a sewage backup, Orleans plumber Richard Luzier fell into a manhole. Engineer Travis Koehler entered to save him. Both lost consciousness. A third employee, David Snow, went down to save the other two and also became unconscious. Luzier and Koehler died at the scene. Snow recovered after spending several weeks on life support."
You can read the complete article on the Las Vegas Sun web site.
"State safety officials sharply reduced violations and fines against the Orleans [Boyd Gaming Corp] for its role in two worker fatalities last year after one of Gov. Jim Gibbons’ top political appointees became involved in the investigation, the Sun has learned."
They also report that "The case so angered Boyd’s safety manager, Don Barker, and OSHA inspector John Olaechea, who investigated the accident, that both men quit their jobs."
This is about an incident in which two employees where killed and a third injured. The article states that this happened on "Feb. 2, 2007. While attempting to fix a pipe that was causing a sewage backup, Orleans plumber Richard Luzier fell into a manhole. Engineer Travis Koehler entered to save him. Both lost consciousness. A third employee, David Snow, went down to save the other two and also became unconscious. Luzier and Koehler died at the scene. Snow recovered after spending several weeks on life support."
You can read the complete article on the Las Vegas Sun web site.
Labels: Construction Safety, OSHA Fines
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Tuesday, April 08, 2008
Must Workers Ask for Protection?
Safety Business Legal Reports (Safety.BLR.com) reported on the result of a March 2004 incident in which an OSHA inspector observed, video taped and interviewed construction workers installing a new roof without fall protection. OSHA originally issued three citations. A hearing with an administrative law judge resulted in two citations being dropped. The remaining citation had a fine of $56,000. This fine appealed to the 3rd Circuit.
The construction foremen presented several arguments attempting to show that the employees were at fault, not the construction company. The judge's decision, as reported in this article was:
"The foremen argued in court that there had been one or two harnesses, not the property of that crew, on the site, but that the workers had neither asked to use them nor hunted for them. Said judges, in effect, "It's the employer's duty to provide the equipment, not the employees' duty to look for it." So judges affirmed the OSHRC fine."
You can read the entire article at: Safety.BLR.com
The construction foremen presented several arguments attempting to show that the employees were at fault, not the construction company. The judge's decision, as reported in this article was:
"The foremen argued in court that there had been one or two harnesses, not the property of that crew, on the site, but that the workers had neither asked to use them nor hunted for them. Said judges, in effect, "It's the employer's duty to provide the equipment, not the employees' duty to look for it." So judges affirmed the OSHRC fine."
You can read the entire article at: Safety.BLR.com
Labels: Construction Safety, OSHA Citations, OSHA Fines
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Tuesday, April 01, 2008
OSHA's Problem
As I read the news across the internet a topic I have not covered here has been what appears to be a growing discontent with OSHA's enforcement activities, or perceived lack of enforcement activities. This has seemed to me to be more of a political issue than a safety issue. I've wondered whether the type and the tone of attacks on OSHA will change after this November's election.
However, an article in yesterday's Las Vegas Sun, called "OSHA Goes Easy", highlights a growing problem for OSHA, and for safety professionals. I suggest reading the article and all of the comments added by Las Vega Sun readers. There is also a video included as a part of the article. The caption for the video reads:
"For family members featured in this video, the light response from government authorities has compounded the mourning process. Others wonder: Is safety sacrificed in the rush to build? CityCenter developer MGM Mirage says no. 'We’re very concerned about safety in everything we do, whether it’s a room remodel or something as enormous and complex as CityCenter,' MGM Mirage spokesman Alan Feldman said. 'For the number of people on the site and the amount of activity going on, we can be very proud of the fact that we have a very safe environment in which to work.'"
I find Mr. Feldman's statement to be disturbing. It as though he is saying that if you have a large number of people on a job site, then some accidents and even a death are acceptable. Hopefully that is not what he meant.
But what about OSHA's finding and reduction of the fine? What most of the public does not understand is that the level of an OSHA fine is not intended to provide punishment for a death, it is intended to reflect the seriousness of the hazard and how the company has responded both in the past and present. But, as this article shows, that's not what the public sees.
What do you think? Has OSHA's focus on programs such as VPP been a good thing or should they be putting more emphasis on enforcement and imposing fines? Please feel free to add your comments here.
However, an article in yesterday's Las Vegas Sun, called "OSHA Goes Easy", highlights a growing problem for OSHA, and for safety professionals. I suggest reading the article and all of the comments added by Las Vega Sun readers. There is also a video included as a part of the article. The caption for the video reads:
"For family members featured in this video, the light response from government authorities has compounded the mourning process. Others wonder: Is safety sacrificed in the rush to build? CityCenter developer MGM Mirage says no. 'We’re very concerned about safety in everything we do, whether it’s a room remodel or something as enormous and complex as CityCenter,' MGM Mirage spokesman Alan Feldman said. 'For the number of people on the site and the amount of activity going on, we can be very proud of the fact that we have a very safe environment in which to work.'"
I find Mr. Feldman's statement to be disturbing. It as though he is saying that if you have a large number of people on a job site, then some accidents and even a death are acceptable. Hopefully that is not what he meant.
But what about OSHA's finding and reduction of the fine? What most of the public does not understand is that the level of an OSHA fine is not intended to provide punishment for a death, it is intended to reflect the seriousness of the hazard and how the company has responded both in the past and present. But, as this article shows, that's not what the public sees.
What do you think? Has OSHA's focus on programs such as VPP been a good thing or should they be putting more emphasis on enforcement and imposing fines? Please feel free to add your comments here.
Labels: Construction Safety, OSHA Fines, politics, workplace fatalities
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Thursday, March 20, 2008
U.P.S. Pays $254,000 To Mechanic Following Whistleblower Investigation
As the result of an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), United Parcel Service Inc. (UPS) has paid $254,000 to a mechanic who was terminated by the delivery carrier after complaining about unsafe conditions in trucks at the company's Watertown, N.Y., garage.
The former employee filed complaints with OSHA alleging violations of the whistleblower provisions of the Surface Transportation Assistance Act (STAA) and the Occupational Safety and Health (OSH) Act. OSHA's investigation found merit to the complaints, and the agency informed UPS on Dec. 20, 2007, of this preliminary finding.
After receiving OSHA's findings, UPS elected to settle the case. In addition to paying the complainant the $254,000 in remedies, UPS will post OSHA whistleblower fact sheets in all its New York facilities and agrees that it will not in any manner interfere with, coerce or restrain its employees from exercising their rights under STAA and the OSH Act. In agreeing to the settlement, UPS neither admits nor denies the allegations of the complaint.
"Employees are entitled to raise legitimate workplace safety and health concerns without fear of termination or retaliation," said Louis Ricca Jr., OSHA's acting regional administrator in New York. "We will not hesitate to ensure that right is legally protected. In this case, the settlement goes beyond one employee in one location and ensures that UPS employees throughout the Empire State are aware of this vital safeguard."
OSHA enforces the whistleblower provisions of the OSH Act and 15 other statutes covering employees in the transportation, environmental and financial services industries. These include STAA, which provides protections for private sector drivers and other employees relating to the safety or security of commercial motor vehicles. Detailed information on employee whistleblower rights, including fact sheets, is available online at: www.osha.gov/dep/oia/whistleblower/index.html.
The former employee filed complaints with OSHA alleging violations of the whistleblower provisions of the Surface Transportation Assistance Act (STAA) and the Occupational Safety and Health (OSH) Act. OSHA's investigation found merit to the complaints, and the agency informed UPS on Dec. 20, 2007, of this preliminary finding.
After receiving OSHA's findings, UPS elected to settle the case. In addition to paying the complainant the $254,000 in remedies, UPS will post OSHA whistleblower fact sheets in all its New York facilities and agrees that it will not in any manner interfere with, coerce or restrain its employees from exercising their rights under STAA and the OSH Act. In agreeing to the settlement, UPS neither admits nor denies the allegations of the complaint.
"Employees are entitled to raise legitimate workplace safety and health concerns without fear of termination or retaliation," said Louis Ricca Jr., OSHA's acting regional administrator in New York. "We will not hesitate to ensure that right is legally protected. In this case, the settlement goes beyond one employee in one location and ensures that UPS employees throughout the Empire State are aware of this vital safeguard."
OSHA enforces the whistleblower provisions of the OSH Act and 15 other statutes covering employees in the transportation, environmental and financial services industries. These include STAA, which provides protections for private sector drivers and other employees relating to the safety or security of commercial motor vehicles. Detailed information on employee whistleblower rights, including fact sheets, is available online at: www.osha.gov/dep/oia/whistleblower/index.html.
Labels: OSHA Fines
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Wednesday, March 19, 2008
Federal Government Sues Firm For $1M In OSHA Penalties
An article in today's edition of the Saipan Tribune reports "The U.S. government filed yesterday a lawsuit against Sablan Construction Company Ltd. to collect its alleged delinquent debts totaling over $1 million arising from numerous penalties imposed by the Occupational Safety and Health Administration."
The lawsuit was filed on March 18th in the Northern Mariana Islands District Court with the Presiding Judge being Chief Judge Alex R. Munson. The Northern Mariana Islands are a U.S. Commonwealth. They are located in the North Pacific Ocean, about three-quarters of the way from Hawaii to the Philippines.
The Saipan Tribune article states that the government complaint alleges "that on July 18, 1991, an OSHA safety officer conducted a comprehensive safety inspection of the company's operations at its Sablan Building in Chalan Piao and found multiple violations."
As a result on Oct. 17, 1991, OSHA issued 15 citations, including seven “serious” violations. Additional inspections that resulted in citations and fines were conducted in 1992, 1995, 1999 and 2001.
For example, OSHA reports that following up on a report they received in January 1999, an inspection of the Marpi Road Expansion Project was conducted that resulted in citations for two willful violations with penalties of $80,000, and three serious violations with penalties of $12,600.
The two willful violations were allowing employees to work in conditions where cave-ins could occur without providing adequate cave-in protection; and for falsifying the records of occupational injuries and illnesses. The serious violations included failure to provide a safe means of escape from an excavation; allowing employees to work under a suspended load; and for failure to keep excavated soil and other material a safe distance from the edge of a trench.
The 1999 OSHA inspection also revealed that the company falsified required records of injuries. Although the company was the subject of a number of workers compensation insurance claims over the last few years, company records did not show any injuries. Injury records are reviewed during OSHA inspections and are one of the factors considered in proposing penalties for violations.
The $1,000,000 the government is suing for a total of $700,000 in fines, $65,335.20 in accrued pre-judgment interest, $228,999.87 in administrative charges, $52,501.50 in penalty charges, and $350 in filing fees.
The lawsuit was filed on March 18th in the Northern Mariana Islands District Court with the Presiding Judge being Chief Judge Alex R. Munson. The Northern Mariana Islands are a U.S. Commonwealth. They are located in the North Pacific Ocean, about three-quarters of the way from Hawaii to the Philippines.
The Saipan Tribune article states that the government complaint alleges "that on July 18, 1991, an OSHA safety officer conducted a comprehensive safety inspection of the company's operations at its Sablan Building in Chalan Piao and found multiple violations."
As a result on Oct. 17, 1991, OSHA issued 15 citations, including seven “serious” violations. Additional inspections that resulted in citations and fines were conducted in 1992, 1995, 1999 and 2001.
For example, OSHA reports that following up on a report they received in January 1999, an inspection of the Marpi Road Expansion Project was conducted that resulted in citations for two willful violations with penalties of $80,000, and three serious violations with penalties of $12,600.
The two willful violations were allowing employees to work in conditions where cave-ins could occur without providing adequate cave-in protection; and for falsifying the records of occupational injuries and illnesses. The serious violations included failure to provide a safe means of escape from an excavation; allowing employees to work under a suspended load; and for failure to keep excavated soil and other material a safe distance from the edge of a trench.
The 1999 OSHA inspection also revealed that the company falsified required records of injuries. Although the company was the subject of a number of workers compensation insurance claims over the last few years, company records did not show any injuries. Injury records are reviewed during OSHA inspections and are one of the factors considered in proposing penalties for violations.
The $1,000,000 the government is suing for a total of $700,000 in fines, $65,335.20 in accrued pre-judgment interest, $228,999.87 in administrative charges, $52,501.50 in penalty charges, and $350 in filing fees.
Labels: OSHA Citations, OSHA Fines
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Thursday, March 06, 2008
OSHA News - Connecticut Cleanup Company Faces $95,000 In Fines
Connecticut environmental cleanup company faces more than $95,000 in OSHA fines. Hazards found at True Blue Environmental Services locations in Northampton, Mass. and Danbury, Conn.
SPRINGFIELD, Mass. -- True Blue Environmental Services, a Wallingford, Conn., environmental remediation company, faces a total of $95,750 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for allegedly failing to protect employees against hazards at jobsites in Northampton, Mass., and Danbury, Conn.
The bulk of the hazards were at the former Northampton Manufactured Gas Plant in Northampton. OSHA found that True Blue supervisors and employees removing coal tar from contaminated soil at that location had neither received the required training nor been certified to safely perform their duties.
Additional hazards included: employees overexposed to benzene, a hazardous substance contained in the coal tar, and inadequate controls to reduce their exposure levels; no initial air monitoring to determine exposure levels; no detailed evaluation of the site to identify hazards and necessary protective measures; no onsite safety and health supervisor; respirator deficiencies; and failure to record all workplace injuries.
"OSHA's safety and health requirements for hazardous waste cleanup are detailed and stringent because of the highly hazardous nature of this work," said Mary Hoye, OSHA's area director in Springfield. "It is imperative that employers provide and document proper and effective training to ensure that employees can perform their duties correctly and safely."
Conditions at the Northampton site resulted in OSHA issuing three willful and six serious citations to True Blue. An additional willful citation was issued for the company's failure to provide site-specific electric safety training to employees performing remediation work at an electrical substation in Danbury.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Springfield Area Office (telephone 413-785-0123).
SPRINGFIELD, Mass. -- True Blue Environmental Services, a Wallingford, Conn., environmental remediation company, faces a total of $95,750 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for allegedly failing to protect employees against hazards at jobsites in Northampton, Mass., and Danbury, Conn.
The bulk of the hazards were at the former Northampton Manufactured Gas Plant in Northampton. OSHA found that True Blue supervisors and employees removing coal tar from contaminated soil at that location had neither received the required training nor been certified to safely perform their duties.
Additional hazards included: employees overexposed to benzene, a hazardous substance contained in the coal tar, and inadequate controls to reduce their exposure levels; no initial air monitoring to determine exposure levels; no detailed evaluation of the site to identify hazards and necessary protective measures; no onsite safety and health supervisor; respirator deficiencies; and failure to record all workplace injuries.
"OSHA's safety and health requirements for hazardous waste cleanup are detailed and stringent because of the highly hazardous nature of this work," said Mary Hoye, OSHA's area director in Springfield. "It is imperative that employers provide and document proper and effective training to ensure that employees can perform their duties correctly and safely."
Conditions at the Northampton site resulted in OSHA issuing three willful and six serious citations to True Blue. An additional willful citation was issued for the company's failure to provide site-specific electric safety training to employees performing remediation work at an electrical substation in Danbury.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Springfield Area Office (telephone 413-785-0123).
Labels: OSHA Citations, OSHA Fines
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Wednesday, February 20, 2008
$464K OSHA Fine For Safety Hazards in WTC Tower Fire
A 40 story building in New York City, that was damaged by the fall of the World Trade Center, is in the process of being demolished. OSHA has proposed a fine of $464,500 for safety hazards, that became apparent during an August 18th fire in the building, which resulted in the death of two firefighters.
Staten Island Live printed an Associated Press report on the OSHA fine yesterday. The article reports that OSHA issued a total of 44 citations, 9 citations to general contractor Bovis Lend Lease ($193,000) and 25 citations to subcontractor John Galt Corp. ($271,500)
The demolition work is being done on the the former Deutsche Bank tower in lower Manhattan. The article states that: "The contractors failed to inspect the standpipe that was broken on the day of the fire, depriving firefighters of a water supply to fight the blaze, blocked emergency stairwells with construction materials and failed to prevent workers from smoking, OSHA said."
You can read the entire AP article at Staten Island Live.
Staten Island Live printed an Associated Press report on the OSHA fine yesterday. The article reports that OSHA issued a total of 44 citations, 9 citations to general contractor Bovis Lend Lease ($193,000) and 25 citations to subcontractor John Galt Corp. ($271,500)
The demolition work is being done on the the former Deutsche Bank tower in lower Manhattan. The article states that: "The contractors failed to inspect the standpipe that was broken on the day of the fire, depriving firefighters of a water supply to fight the blaze, blocked emergency stairwells with construction materials and failed to prevent workers from smoking, OSHA said."
You can read the entire AP article at Staten Island Live.
Labels: Construction Safety, OSHA Citations, OSHA Fines
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Tuesday, December 11, 2007
Bronx, N.Y., Manufacturer Faces $382,500 in OSHA Fines
$382,500 in fines for uncorrected and other safety and health hazards
NEW YORK -- Gen-Cap Industries Inc., a Bronx manufacturer of fireproof doors, faces a total of $382,500 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for 76 alleged safety and health violations at its 913 Edgewater Road plant, including 14 instances of failing to correct hazards cited in previous OSHA inspections.
"Left uncorrected, this mixture of new, ongoing and uncorrected hazards exposes employees to potential injury or death from fire, explosion, laceration, amputation, electrocution, chemical burns, hearing loss and crushing," said Diana Cortez, director of OSHA's area office in Tarrytown, N.Y., which conducted the inspections. "The sizable fines proposed here reflect the scope and seriousness of these conditions and the need for them to be promptly and effectively addressed."
OSHA opened follow-up inspections in May 2007 to verify correction of hazards cited in November 2004, when the plant operated as JGB LLC, doing business as General Fireproof Doors. As a result of its latest inspections, OSHA issued the company:
NEW YORK -- Gen-Cap Industries Inc., a Bronx manufacturer of fireproof doors, faces a total of $382,500 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for 76 alleged safety and health violations at its 913 Edgewater Road plant, including 14 instances of failing to correct hazards cited in previous OSHA inspections.
"Left uncorrected, this mixture of new, ongoing and uncorrected hazards exposes employees to potential injury or death from fire, explosion, laceration, amputation, electrocution, chemical burns, hearing loss and crushing," said Diana Cortez, director of OSHA's area office in Tarrytown, N.Y., which conducted the inspections. "The sizable fines proposed here reflect the scope and seriousness of these conditions and the need for them to be promptly and effectively addressed."
OSHA opened follow-up inspections in May 2007 to verify correction of hazards cited in November 2004, when the plant operated as JGB LLC, doing business as General Fireproof Doors. As a result of its latest inspections, OSHA issued the company:
- Fourteen notices for failure to abate, with $288,000 in proposed fines, for failing to develop a program and supply training and equipment to ensure that machines' power sources were shut down and locked out to prevent their accidental startup during maintenance; unguarded press brakes and welding machines; no eyewash facilities where required; no fire extinguisher training; no shielding on a spot welding machine to minimize burn hazards; and no hazard communication program and training. The plant was supposed to have corrected these hazards but did not do so.
- Thirteen repeat citations, with $27,600 in fines, for no hearing conservation program; sprinklers not kept free of paint deposits; failure to clean accumulated combustible debris; improper disposal of combustible material; failure to enforce the use of eye, face and foot protection; unsanitary bathrooms and toilets; no lead cleaning schedule; an unprotected electrical outlet; and unguarded grinders. The plant had been cited for substantially similar hazards in 2004.
- Forty-nine serious citations, with $66,900 in fines, for blocked, unmarked or unilluminated exits; blocked fire extinguisher access; no fire extinguisher for a battery charging area; a defective powered industrial truck; crane safety defects; numerous instances of unguarded machinery; a variety of electrical hazards; unsecured compressed gas cylinders; unbonded containers of flammables; uncleaned paint spray booth walls; defective respirators; inadequate personal protective equipment training and use; no respirator program; and no welding shield.
Labels: OSHA Citations, OSHA Fines, OSHA Inspections
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Wednesday, August 22, 2007
New Hampshire Manufacturer Faces $134,900 In OSHA Fines
OSHA Press Release
CONCORD, N.H. -- Boston Felt Co. Inc. of Rochester, N.H., has been cited for 66 alleged willful, serious and other-than-serious violations of health and safety standards by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). The felt products manufacturer faces $134,900 in proposed fines stemming from OSHA inspections begun in February of this year.
"These citations address a wide cross section of health and safety concerns that are basic to a manufacturing environment," said Rosemarie Ohar, OSHA's area director for New Hampshire. "Failing to correct these conditions exposes employees to the hazards of hearing loss, burns, lacerations, amputation, crushing, fire, explosion, asbestos, being struck by forklifts or being overcome by toxic or oxygen-deficient atmospheres."
The company was issued one willful citation, with a $56,000 fine, for not ensuring the use of hearing protection by employees exposed to high noise levels. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
Forty-seven serious citations, carrying $74,700 in fines, were issued for incomplete or inadequate training, monitoring and testing for employees exposed to high noise levels; unguarded moving machine parts; electrical hazards; a sprinkler system not maintained in working order; damaged propane storage tanks located too close to the building; an incomplete emergency response plan; inadequate or incomplete safeguards for employees working in confined spaces; inadequate or incomplete safeguards to prevent the accidental startup of machinery during maintenance; untrained forklift operators; damaged forklifts not removed from service; lack of personal protective equipment; tripping and fall hazards; and inadequate or incomplete safeguards for employees working in areas where asbestos or potentially asbestos-containing materials were present. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
The company also was issued 17 other-than-serious citations and fined $4,200 for failing to accurately record occupational injuries and illnesses, inadequate recordkeeping, and other safety and health conditions. Other-than-serious citations address conditions that have a direct relationship to job safety and health but probably would not cause death or serious physical harm.
Boston Felt has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA's area director or to contest them before the independent Occupational Safety and Health Review Commission. The inspections were conducted by OSHA's Concord Area Office, telephone (603) 225-1629.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.
CONCORD, N.H. -- Boston Felt Co. Inc. of Rochester, N.H., has been cited for 66 alleged willful, serious and other-than-serious violations of health and safety standards by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). The felt products manufacturer faces $134,900 in proposed fines stemming from OSHA inspections begun in February of this year.
"These citations address a wide cross section of health and safety concerns that are basic to a manufacturing environment," said Rosemarie Ohar, OSHA's area director for New Hampshire. "Failing to correct these conditions exposes employees to the hazards of hearing loss, burns, lacerations, amputation, crushing, fire, explosion, asbestos, being struck by forklifts or being overcome by toxic or oxygen-deficient atmospheres."
The company was issued one willful citation, with a $56,000 fine, for not ensuring the use of hearing protection by employees exposed to high noise levels. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
Forty-seven serious citations, carrying $74,700 in fines, were issued for incomplete or inadequate training, monitoring and testing for employees exposed to high noise levels; unguarded moving machine parts; electrical hazards; a sprinkler system not maintained in working order; damaged propane storage tanks located too close to the building; an incomplete emergency response plan; inadequate or incomplete safeguards for employees working in confined spaces; inadequate or incomplete safeguards to prevent the accidental startup of machinery during maintenance; untrained forklift operators; damaged forklifts not removed from service; lack of personal protective equipment; tripping and fall hazards; and inadequate or incomplete safeguards for employees working in areas where asbestos or potentially asbestos-containing materials were present. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
The company also was issued 17 other-than-serious citations and fined $4,200 for failing to accurately record occupational injuries and illnesses, inadequate recordkeeping, and other safety and health conditions. Other-than-serious citations address conditions that have a direct relationship to job safety and health but probably would not cause death or serious physical harm.
Boston Felt has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA's area director or to contest them before the independent Occupational Safety and Health Review Commission. The inspections were conducted by OSHA's Concord Area Office, telephone (603) 225-1629.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.
Labels: OSHA Fines
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Tuesday, August 21, 2007
OSHA Proposes $2,780,000 Fine In Oklahoma
OSHA Press Release
OSHA proposes $2.78 million fine against Cintas Corp. following Tulsa, Okla., employee death in industrial dryer
Alabama, Arkansas, Ohio and Washington facilities also inspected
WASHINGTON -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today proposed $2.78 million in penalties against Ohio-based Cintas Corp. following an inspection into the March 2007 employee death at the Cintas laundry facility in Tulsa, Okla. The employee was killed when he fell into an operating industrial dryer while clearing a jam of wet laundry on a conveyor that carries the laundry from the washer into the dryer.
Cintas is the largest uniform supplier in North America, with more than 400 facilities employing more than 34,000 people. The facility in Tulsa has 160 employees.
"Plant management at the Cintas Tulsa laundry facility ignored safety and health rules that could have prevented the death of this employee," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr.
Forty-two willful, instance-by-instance citations allege violations of the OSHA lockout/tagout standard for the failures to shut down and to lock out power to the equipment before clearing jams, and to train four employees responsible to clear jams that lockout/tagout applies and how to perform the operations. One repeat citation alleges the failure to protect employees from being struck or pinned by the conveyor. Three serious citations allege the failures to protect employees from falls, to have a qualified person inspect the lockout/tagout procedures and to certify the procedures as required.
In a separate case, OSHA today issued five repeat and two serious citations with penalties totaling $117,500 for violations of the lockout/tagout and machine guarding standards found at the Cintas Columbus, Ohio, facility. OSHA also has opened investigations in Arkansas and Alabama. Washington, an OSHA State Plan state, has issued four citations with proposed fines totaling $13,650, alleging violations for similar hazards at the Yakima Cintas facility.
A willful violation is one committed with intentional disregard of the requirements of the Occupational Safety and Health Act or plain indifference to employee safety or health. A serious violation is one that could cause death or serious physical harm to employees, and the employer knew or should have known of the hazard.
Cintas has 15 working days from receipt of the citations to contest the citations and the proposed penalties before the independent Occupational Safety and Health Review Commission.
OSHA's mission is to assure the safety and health of America's working men and women by preventing injuries, illnesses and fatalities. The agency has a vigorous enforcement program, having conducted more than 38,000 inspections last year and exceeding its inspection goals in each of the last seven years. In fiscal year 2006, OSHA found nearly 84,000 violations of its standards and regulations. Employers and employees with questions regarding workplace safety and health standards may call OSHA's toll-free hotline at (800) 321-6742.
OSHA proposes $2.78 million fine against Cintas Corp. following Tulsa, Okla., employee death in industrial dryer
Alabama, Arkansas, Ohio and Washington facilities also inspected
WASHINGTON -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today proposed $2.78 million in penalties against Ohio-based Cintas Corp. following an inspection into the March 2007 employee death at the Cintas laundry facility in Tulsa, Okla. The employee was killed when he fell into an operating industrial dryer while clearing a jam of wet laundry on a conveyor that carries the laundry from the washer into the dryer.
Cintas is the largest uniform supplier in North America, with more than 400 facilities employing more than 34,000 people. The facility in Tulsa has 160 employees.
"Plant management at the Cintas Tulsa laundry facility ignored safety and health rules that could have prevented the death of this employee," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr.
Forty-two willful, instance-by-instance citations allege violations of the OSHA lockout/tagout standard for the failures to shut down and to lock out power to the equipment before clearing jams, and to train four employees responsible to clear jams that lockout/tagout applies and how to perform the operations. One repeat citation alleges the failure to protect employees from being struck or pinned by the conveyor. Three serious citations allege the failures to protect employees from falls, to have a qualified person inspect the lockout/tagout procedures and to certify the procedures as required.
In a separate case, OSHA today issued five repeat and two serious citations with penalties totaling $117,500 for violations of the lockout/tagout and machine guarding standards found at the Cintas Columbus, Ohio, facility. OSHA also has opened investigations in Arkansas and Alabama. Washington, an OSHA State Plan state, has issued four citations with proposed fines totaling $13,650, alleging violations for similar hazards at the Yakima Cintas facility.
A willful violation is one committed with intentional disregard of the requirements of the Occupational Safety and Health Act or plain indifference to employee safety or health. A serious violation is one that could cause death or serious physical harm to employees, and the employer knew or should have known of the hazard.
Cintas has 15 working days from receipt of the citations to contest the citations and the proposed penalties before the independent Occupational Safety and Health Review Commission.
OSHA's mission is to assure the safety and health of America's working men and women by preventing injuries, illnesses and fatalities. The agency has a vigorous enforcement program, having conducted more than 38,000 inspections last year and exceeding its inspection goals in each of the last seven years. In fiscal year 2006, OSHA found nearly 84,000 violations of its standards and regulations. Employers and employees with questions regarding workplace safety and health standards may call OSHA's toll-free hotline at (800) 321-6742.
Labels: OSHA Fines
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Monday, August 06, 2007
OSHA Proposes $68,600 in Penalties Against Furniture Delivery Company
ATLANTA -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $68,600 in fines against Southeast Independent Delivery Services for two violations of federal workplace safety standards.
OSHA opened an investigation in February 2007 following the death of a fleet mechanic who was pinned between two trucks while performing maintenance on one of the vehicles at the company's worksite in Suwanee, Ga.
"This was a preventable tragedy. Management had been aware of the need to take action since 2004 and had sufficient time to implement the necessary safety procedures but failed to do so," said Gei-Thae Breezley, director of the agency's Atlanta East Area Office.
OSHA issued one willful violation with a proposed penalty of $63,000 for alleged failure to implement and train employees on a lockout/tagout program to be used when performing vehicle maintenance. Lockout/tagout practices and procedures are intended to safeguard employees from the unexpected energization or startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities.
OSHA also issued one serious violation with a proposed penalty of $5,600 for the company's failure to assure that employees used wheel chocks or applied the parking brake when working on vehicles.
Prior to this incident, the agency had issued safety violation citations to the company following a December 2006 vehicle collision in the yard which seriously injured one employee.
The company has 15 working days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The Suwanee worksite was inspected by staff from OSHA's Atlanta East Area Office, 2183 Northlake Parkway, Building 7, Suite 110, Tucker, Ga.; telephone (770) 493-6644.
OSHA opened an investigation in February 2007 following the death of a fleet mechanic who was pinned between two trucks while performing maintenance on one of the vehicles at the company's worksite in Suwanee, Ga.
"This was a preventable tragedy. Management had been aware of the need to take action since 2004 and had sufficient time to implement the necessary safety procedures but failed to do so," said Gei-Thae Breezley, director of the agency's Atlanta East Area Office.
OSHA issued one willful violation with a proposed penalty of $63,000 for alleged failure to implement and train employees on a lockout/tagout program to be used when performing vehicle maintenance. Lockout/tagout practices and procedures are intended to safeguard employees from the unexpected energization or startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities.
OSHA also issued one serious violation with a proposed penalty of $5,600 for the company's failure to assure that employees used wheel chocks or applied the parking brake when working on vehicles.
Prior to this incident, the agency had issued safety violation citations to the company following a December 2006 vehicle collision in the yard which seriously injured one employee.
The company has 15 working days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The Suwanee worksite was inspected by staff from OSHA's Atlanta East Area Office, 2183 Northlake Parkway, Building 7, Suite 110, Tucker, Ga.; telephone (770) 493-6644.
Labels: OSHA Fines
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Wednesday, July 11, 2007
Quincy Casting Faces $220,620 In Proposed OSHA Fines
OSHA issues Quincy Casting Inc. $220,620 in proposed fines for safety and health violations.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $220,620 in fines against Quincy Castings Inc. (Quincy, Ohio) for alleged multiple willful, serious and repeat violations of federal workplace safety and health standards.
OSHA discovered the violations at the iron foundry business, which employs 80 people, through an investigation under the agency's Site-Specific Targeting Initiative, which targets the nation's most hazardous workplaces based on their histories of having high numbers of injury and illness cases.
"Iron foundries are potentially dangerous workplaces," said Jule Hovi, director of OSHA's area office in Toledo, Ohio. "Employers must remain committed to keeping the workplace safe and healthful or face close scrutiny by OSHA."
OSHA has issued citations for three willful, 24 serious and four repeat violations. The willful citations allege failure to provide guarding around sand preparation machinery to protect employees from rotating equipment, improperly regulating compressed air used for cleaning, and failure to have adequate engineering controls for overexposures to crystalline silica, thus overexposing multiple employees.
The serious safety citations include alleged failure to use flame retardant clothing and protective gear while pouring molten metal, a lack of capacity markings on pouring ladles and spreader bars, absence of safety latches from hoist hooks, lack of machine lockout procedures to prevent accidental start-ups of equipment, failure to remove a defective forklift from service, a lack of functioning brakes on and daily inspections of a bridge crane, and blocked fire exits.
The serious health citations include alleged failure to provide medical surveillance for employees overexposed to crystalline silica; failure to have an effective respiratory protection and evaluation program; failure to provide proper respirator training, failure to properly fit employees for respirators; and allowing employees to have facial hair, which interferes with the sealing of respirators.
The four alleged repeat violations are for failing to apply lockout devices, not properly training employees on lockout procedures, unguarded pinch point hazards and a defective fire exit sign.
OSHA opened its latest investigation of Quincy Castings Inc. in January 2007. The agency previously had inspected the company on 13 occasions since 1979, issuing a total of 80 citations.
OSHA's mission is to assure the safety and health of America's working men and women by preventing injuries, illnesses and fatalities. The agency has a vigorous enforcement program, having conducted more than 38,000 inspections last year and exceeding its inspection goals in each of the last seven years. In fiscal year 2006, OSHA found nearly 84,000 violations of its standards and regulations.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $220,620 in fines against Quincy Castings Inc. (Quincy, Ohio) for alleged multiple willful, serious and repeat violations of federal workplace safety and health standards.
OSHA discovered the violations at the iron foundry business, which employs 80 people, through an investigation under the agency's Site-Specific Targeting Initiative, which targets the nation's most hazardous workplaces based on their histories of having high numbers of injury and illness cases.
"Iron foundries are potentially dangerous workplaces," said Jule Hovi, director of OSHA's area office in Toledo, Ohio. "Employers must remain committed to keeping the workplace safe and healthful or face close scrutiny by OSHA."
OSHA has issued citations for three willful, 24 serious and four repeat violations. The willful citations allege failure to provide guarding around sand preparation machinery to protect employees from rotating equipment, improperly regulating compressed air used for cleaning, and failure to have adequate engineering controls for overexposures to crystalline silica, thus overexposing multiple employees.
The serious safety citations include alleged failure to use flame retardant clothing and protective gear while pouring molten metal, a lack of capacity markings on pouring ladles and spreader bars, absence of safety latches from hoist hooks, lack of machine lockout procedures to prevent accidental start-ups of equipment, failure to remove a defective forklift from service, a lack of functioning brakes on and daily inspections of a bridge crane, and blocked fire exits.
The serious health citations include alleged failure to provide medical surveillance for employees overexposed to crystalline silica; failure to have an effective respiratory protection and evaluation program; failure to provide proper respirator training, failure to properly fit employees for respirators; and allowing employees to have facial hair, which interferes with the sealing of respirators.
The four alleged repeat violations are for failing to apply lockout devices, not properly training employees on lockout procedures, unguarded pinch point hazards and a defective fire exit sign.
OSHA opened its latest investigation of Quincy Castings Inc. in January 2007. The agency previously had inspected the company on 13 occasions since 1979, issuing a total of 80 citations.
OSHA's mission is to assure the safety and health of America's working men and women by preventing injuries, illnesses and fatalities. The agency has a vigorous enforcement program, having conducted more than 38,000 inspections last year and exceeding its inspection goals in each of the last seven years. In fiscal year 2006, OSHA found nearly 84,000 violations of its standards and regulations.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.
Labels: OSHA Citations, OSHA Fines
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